Amendment JR1 CSA1-AB11

AB11-CSA1, s. 174 Section 174. 66.1105 (2) (k) 2. of the statutes is created to read:

AB11-CSA1,59,5 66.1105 (2) (k) 2. For an area that is identified as a wetland on a map under s. 23.32 and that is within the boundaries of a tax incremental district or is part of a tax incremental district parcel, the area shall be considered part of the tax incremental district for determining the applicability of exemptions from or compliance with water quality standards that are applicable to wetlands.

AB11-CSA1, s. 175 Section 175. 70.11 (41s) of the statutes is repealed.

AB11-CSA1, s. 176 Section 176. 71.05 (6) (b) 47. of the statutes, as created by 2011 Wisconsin Act 5, is amended to read:

AB11-CSA1,60,2 71.05 (6) (b) 47. An amount equal to the increase in the number of full-time equivalent employees employed by the taxpayer in this state during the taxable year, multiplied by $4,000 for a business with gross receipts of no greater than $5,000,000 in the taxable year or $2,000 for a business with gross receipts greater than $5,000,000 in the taxable year. For purposes of this subdivision, the increase in the number of full-time equivalent employees employed by the taxpayer in this state during the taxable year is determined by subtracting from the number of full-time equivalent employees employed by the taxpayer in this state during the taxable year, as determined by computing the average employee count from the taxpayer's quarterly unemployment insurance reports or other information as required by the department for the taxable year, the number of full-time equivalent employees employed by the taxpayer in this state during the immediately preceding taxable year, as determined by computing the average employee count from the taxpayer's quarterly unemployment insurance reports or other information as required by the department for the immediately preceding taxable year. No person may claim a deduction under this subdivision if the person may claim a credit deduction under this subchapter based on the person relocating the person's business from another state to this state and in an amount equal to the person's tax liability. The department shall promulgate rules to administer this subdivision.

AB11-CSA1, s. 177 Section 177. 71.26 (1) (be) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB11-CSA1,60,9 71.26 (1) (be) Certain authorities. Income of the University of Wisconsin Hospitals and Clinics Authority, of the Health Insurance Risk-Sharing Plan Authority, of the Wisconsin Quality Home Care Authority, of the Fox River Navigational System Authority, of the Wisconsin Economic Development Corporation, and of the Wisconsin Aerospace Authority.

AB11-CSA1, s. 178 Section 178. 73.03 (68) of the statutes is created to read:

AB11-CSA1,60,15 73.03 (68) At the request of the Wisconsin Employment Relations Commission, as provided under s. 111.91 (3q), to determine the average annual percentage change in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the federal department of labor, for the 12 months immediately preceding the request from the Wisconsin Employment Relations Commission.

AB11-CSA1, s. 179 Section 179. 77.54 (9a) (a) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB11-CSA1,60,22 77.54 (9a) (a) This state or any agency thereof, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority.

AB11-CSA1, s. 180 Section 180. 100.45 (1) (dm) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB11-CSA1,61,10 100.45 (1) (dm) "State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Health and Educational Facilities Authority, the Wisconsin Aerospace Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, and the Fox River Navigational System Authority.

AB11-CSA1, s. 181 Section 181. 101.177 (1) (d) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB11-CSA1,61,23 101.177 (1) (d) "State agency" means any office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, and the Wisconsin Health and Educational Facilities Authority, but excluding the Health Insurance Risk-Sharing Plan Authority and the Lower Fox River Remediation Authority.

AB11-CSA1, s. 182 Section 182. 109.03 (1) (b) of the statutes is amended to read:

AB11-CSA1,62,5 109.03 (1) (b) School district and private school employees who voluntarily request payment over a 12-month period for personal services performed during the school year, unless such, with respect to private school employees, the employees are covered under a valid collective bargaining agreement which precludes this method of payment.

AB11-CSA1, s. 183 Section 183. 111.02 (1) of the statutes is amended to read:

AB11-CSA1,62,11 111.02 (1) The term "all-union "All-union agreement" shall mean means an agreement between an employer other than the University of Wisconsin Hospitals and Clinics Authority and the representative of the employer's employees in a collective bargaining unit whereby all or any of the employees in such unit are required to be members of a single labor organization.

AB11-CSA1, s. 184 Section 184. 111.02 (2) of the statutes is amended to read:

AB11-CSA1,62,18 111.02 (2) "Collective bargaining" is the negotiating means the negotiation by an employer and a majority of the employer's employees in a collective bargaining unit, or their representatives, concerning representation or terms and conditions of employment of such employees, except as provided under ss. 111.05 (5) and 111.17 (2), in a mutually genuine effort to reach an agreement with reference to the subject under negotiation.

AB11-CSA1, s. 185 Section 185. 111.02 (3) of the statutes is amended to read:

AB11-CSA1,63,9 111.02 (3) "Collective bargaining unit" means all of the employees of one employer, employed within the state, except as provided in s. 111.05 (5) and (7) and except that where a majority of the employees engaged in a single craft, division, department or plant have voted by secret ballot as provided in s. 111.05 (2) to constitute such group a separate bargaining unit they shall be so considered, but, in appropriate cases, and to aid in the more efficient administration of ss. 111.01 to 111.19, the commission may find, where agreeable to all parties affected in any way thereby, an industry, trade or business comprising more than one employer in an association in any geographical area to be a "collective bargaining unit". A collective bargaining unit thus established by the commission shall be subject to all rights by termination or modification given by ss. 111.01 to 111.19 in reference to collective bargaining units otherwise established under ss. 111.01 to 111.19. Two or more collective bargaining units may bargain collectively through the same representative where a majority of the employees in each separate unit have voted by secret ballot as provided in s. 111.05 (2) so to do.

AB11-CSA1, s. 186 Section 186. 111.02 (6) (am) of the statutes is repealed.

AB11-CSA1, s. 187 Section 187. 111.02 (7) (a) (intro.) and 1. of the statutes are consolidated, renumbered 111.02 (7) (a) and amended to read:

AB11-CSA1,63,15 111.02 (7) (a) "Employer" means a person who engages the services of an employee, and includes all of the following: 1. A a person acting on behalf of an employer within the scope of his or her authority, express or implied.

AB11-CSA1, s. 188 Section 188. 111.02 (7) (a) 2., 3. and 4. of the statutes are repealed.

AB11-CSA1, s. 189 Section 189. 111.02 (7) (b) 1. of the statutes is amended to read:

AB11-CSA1,63,19 111.02 (7) (b) 1. Except as provided in par. (a) 4., the The state or any political subdivision thereof.

AB11-CSA1, s. 190 Section 190. 111.02 (7m) of the statutes is repealed.

AB11-CSA1, s. 191 Section 191. 111.02 (9m) of the statutes is repealed.

AB11-CSA1, s. 192 Section 192. 111.02 (10m) of the statutes is repealed.

AB11-CSA1, s. 193 Section 193. 111.05 (2) of the statutes is amended to read:

AB11-CSA1,64,4 111.05 (2) Except as provided in subs. (5) and (7), whenever Whenever a question arises concerning the determination of a collective bargaining unit as defined in s. 111.02 (3), it shall be determined by secret ballot, and the commission, upon request, shall cause the ballot to be taken in such manner as to show separately the wishes of the employees in any craft, division, department or plant as to the determination of the collective bargaining unit.

AB11-CSA1, s. 194 Section 194. 111.05 (3g) of the statutes is repealed.

AB11-CSA1, s. 195 Section 195. 111.05 (5) of the statutes is repealed.

AB11-CSA1, s. 196 Section 196. 111.05 (6) of the statutes is repealed.

AB11-CSA1, s. 197 Section 197. 111.05 (7) of the statutes is repealed.

AB11-CSA1, s. 198 Section 198. 111.06 (1) (c) 1. of the statutes is amended to read:

AB11-CSA1,65,16 111.06 (1) (c) 1. 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 is not prohibited from entering 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 such 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 such an all-union agreement. Such authorization of an all-union agreement shall be deemed to continue thereafter, 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 such petition, the commission shall determine whether there is reasonable ground to believe that the employees concerned have changed their attitude toward the all-union agreement and upon so finding the commission shall conduct a referendum. If the continuance of the all-union agreement is supported on any such referendum by a vote at least equal to that provided in this subdivision for its initial authorization, it may be continued in force thereafter, subject to the right to petition for a further vote by the procedure set forth in this subdivision. If the continuance of the all-union agreement is not thus supported on any such referendum, it is deemed terminated at the termination 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, and each such all-union agreement shall be made subject to this duty of the commission. Any person interested may come before the commission as provided in s. 111.07 and ask the performance of this duty. Any all-union agreement in effect on October 4, 1975, made in accordance with the law in effect at the time it is made is valid.

AB11-CSA1, s. 199 Section 199. 111.06 (1) (d) of the statutes is amended to read:

AB11-CSA1,65,25 111.06 (1) (d) To refuse to bargain collectively with the representative of a majority of the employer's employees in any collective bargaining unit with respect to representation or terms and conditions of employment, except as provided under ss. 111.05 (5) and 111.17 (2); provided, however, that where an employer files with the commission a petition requesting a determination as to majority representation, the employer shall not be deemed to have refused to bargain until an election has been held and the result thereof has been certified to the employer by the commission.

AB11-CSA1, s. 200 Section 200. 111.06 (1) (i) of the statutes is amended to read:

AB11-CSA1,66,8 111.06 (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 at the end of any year of its life by the employee giving at least thirty days' written notice of such termination 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 such notice of termination.

AB11-CSA1, s. 201 Section 201. 111.06 (1) (m) of the statutes is repealed.

AB11-CSA1, s. 202 Section 202. 111.06 (2) (i) of the statutes is amended to read:

AB11-CSA1,66,12 111.06 (2) (i) To fail to give the notice of intention to engage in a strike provided in s. 111.115 (2) or (3).

AB11-CSA1, s. 203 Section 203. 111.075 of the statutes is repealed.

AB11-CSA1, s. 204 Section 204. 111.115 (title) of the statutes is amended to read:

AB11-CSA1,66,15 111.115 (title) Notice of certain proposed lockouts or strikes.

AB11-CSA1, s. 205 Section 205. 111.115 (1) (intro.) and (b) of the statutes are consolidated, renumbered 111.115 (1) and amended to read:

AB11-CSA1,66,22 111.115 (1) In this subsection: (b) "Strike" section, "strike" includes any concerted stoppage of work by employees, and any concerted slowdown or other concerted interruption of operations or services by employees, or any concerted refusal of employees to work or perform their usual duties as employees, for the purpose of enforcing demands upon an employer.

AB11-CSA1, s. 206 Section 206. 111.115 (1) (a) of the statutes is repealed.

AB11-CSA1, s. 207 Section 207. 111.115 (2) of the statutes is repealed.

AB11-CSA1, s. 208 Section 208. 111.17 (intro.) and (1) of the statutes are consolidated, renumbered 111.17 and amended to read:

AB11-CSA1,67,7 111.17 Conflict of provisions; effect. Wherever the application of the provisions of other statutes or laws conflict with the application of the provisions of this subchapter, this subchapter shall prevail, except that: (1) In in any situation where the provisions of this subchapter cannot be validly enforced the provisions of such other statutes or laws shall apply.

AB11-CSA1, s. 209 Section 209. 111.17 (2) of the statutes is repealed.

AB11-CSA1, s. 210 Section 210. 111.70 (1) (a) of the statutes is amended to read:

AB11-CSA1,67,24 111.70 (1) (a) "Collective bargaining" means the performance of the mutual obligation of a municipal employer, through its officers and agents, and the representative of its municipal employees in a collective bargaining unit, to meet and confer at reasonable times, in good faith, with the intention of reaching an agreement, or to resolve questions arising under such an agreement, with respect to wages, hours, and conditions of employment for public safety employees and with respect to wages for general municipal employees, and with respect to a requirement of the municipal employer for a municipal employee to perform law enforcement and fire fighting services under s. 61.66 and for a school district with respect to any matter under sub. (4) (o), and for a school district with respect to any matter under sub. (4) (n), except as provided in subs. (3m), (3p), and sub. (4) (m) (mb) and (mc) and s. 40.81 (3) and except that a municipal employer shall not meet and confer with respect to any proposal to diminish or abridge the rights guaranteed to municipal any public safety employees under ch. 164. Collective bargaining includes the reduction of any agreement reached to a written and signed document.

AB11-CSA1,68,3 (3) (d) The duty to bargain, however, does not compel either party to agree to a proposal or require the making of a concession. Collective bargaining includes the reduction of any agreement reached to a written and signed document. The

AB11-CSA1,68,15 (4) (p) Permissive subjects of collective bargaining; public safety employees. A municipal employer shall is not be required to bargain with public safety employees on subjects reserved to management and direction of the governmental unit except insofar as the manner of exercise of such functions affects the wages, hours, and conditions of employment of the municipal public safety employees in a collective bargaining unit. In creating this subchapter the legislature recognizes that the municipal employer must exercise its powers and responsibilities to act for the government and good order of the jurisdiction which it serves, its commercial benefit and the health, safety, and welfare of the public to assure orderly operations and functions within its jurisdiction, subject to those rights secured to municipal employees by the constitutions of this state and of the United States and by this subchapter.

AB11-CSA1, s. 211 Section 211. 111.70 (1) (b) of the statutes is amended to read:

AB11-CSA1,68,20 111.70 (1) (b) "Collective bargaining unit" means a unit consisting of municipal employees who are school district employees or of municipal employees who are not school district employees that is determined by the commission under sub. (4) (d) 2. a. to be appropriate for the purpose of collective bargaining.

AB11-CSA1, s. 212 Section 212. 111.70 (1) (cm) of the statutes is created to read:

AB11-CSA1,68,25 111.70 (1) (cm) "Consumer price index change" means the average annual percentage change in the consumer price index for all urban consumers, U.S. city average, as determined by the federal department of labor, for the 12 months immediately preceding the current date.

AB11-CSA1, s. 213 Section 213. 111.70 (1) (f) of the statutes is amended to read:

AB11-CSA1,69,10 111.70 (1) (f) "Fair-share agreement" means an agreement between a municipal employer and a labor organization that represents public safety employees under which all or any of the public safety employees in the collective bargaining unit are required to pay their proportionate share of the cost of the collective bargaining process and contract administration measured by the amount of dues uniformly required of all members. Such an agreement shall contain a provision requiring the employer to deduct the amount of dues as certified by the labor organization from the earnings of the employees affected by said agreement and to pay the amount so deducted to the labor organization.

AB11-CSA1, s. 214 Section 214. 111.70 (1) (fm) of the statutes is created to read:

AB11-CSA1,69,13 111.70 (1) (fm) "General municipal employee" means a municipal employee who is not a public safety employee.

AB11-CSA1, s. 215 Section 215. 111.70 (1) (j) of the statutes is amended to read:

AB11-CSA1,69,22 111.70 (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, but specifically does not include a local cultural arts district created under subch. V of ch. 229.

AB11-CSA1, s. 216 Section 216. 111.70 (1) (mm) of the statutes is created to read:

AB11-CSA1,70,3 111.70 (1) (mm) "Public safety employee" means any municipal employee who is employed in a position that, on the effective date of this paragraph .... [LRB inserts date], is classified as a protective occupation participant under any of the following:

AB11-CSA1,70,4 1. Section 40.02 (48) (am) 9., 10., 13., 15., or 22.

AB11-CSA1,70,6 2. A provision that is comparable to a provision under subd. 1. that is in a county or city retirement system.

AB11-CSA1, s. 217 Section 217. 111.70 (1) (n) of the statutes is amended to read:

AB11-CSA1,70,14 111.70 (1) (n) "Referendum" means a proceeding conducted by the commission in which public safety employees in a collective bargaining unit may cast a secret ballot on the question of authorizing a labor organization and the employer to continue a fair-share agreement. Unless a majority of the eligible employees vote in favor of the fair-share agreement, it shall be deemed terminated and that portion of the collective bargaining agreement deemed null and void that covers public safety employees.

AB11-CSA1, s. 218 Section 218. 111.70 (1) (nm) of the statutes is amended to read:

AB11-CSA1,70,25 111.70 (1) (nm) "Strike" includes any strike or other concerted stoppage of work by municipal employees, and any concerted slowdown or other concerted interruption of operations or services by municipal employees, or any concerted refusal to work or perform their usual duties as municipal employees, for the purpose of enforcing demands upon a municipal employer. Such conduct by municipal employees which is not authorized or condoned by a labor organization constitutes a "strike", but does not subject such labor organization to the penalties under this subchapter. This paragraph does not apply to collective bargaining units composed of municipal employees who are engaged in law enforcement or fire fighting functions.

AB11-CSA1, s. 219 Section 219. 111.70 (2) of the statutes is amended to read:

AB11-CSA1,72,4 111.70 (2) Rights of municipal employees. Municipal 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, and such employees shall. Municipal employees have the right to refrain from any and all such activities except that employees. A general municipal employee has the right to refrain from paying dues while remaining a member of a collective bargaining unit. A public safety employee, however, may be required to pay dues in the manner provided in a fair-share agreement. Such; a fair-share agreement covering a public safety employee must contain a provision requiring the municipal employer to deduct the amount of dues as certified by the labor organization from the earnings of the public safety employee affected by the fair-share agreement and to pay the amount deducted to the labor organization. A fair-share agreement shall be covering a public safety employee is subject to the right of the municipal employer or a labor organization to petition the commission to conduct a referendum. Such petition must be supported by proof that at least 30% of the public safety employees in the collective bargaining unit desire that the fair-share agreement be terminated. Upon so finding, the commission shall conduct a referendum. If the continuation of the agreement is not supported by at least the majority of the eligible public safety employees, it shall be deemed terminated terminate. The commission shall declare any fair-share agreement suspended upon such conditions and for such time as the commission decides whenever it finds that the labor organization involved has refused on the basis of race, color, sexual orientation, creed, or sex to receive as a member any public safety employee of the municipal employer in the bargaining unit involved, and such agreement shall be made is subject to this duty of the commission. Any of the parties to such agreement or any municipal public safety employee covered thereby by the agreement may come before the commission, as provided in s. 111.07, and ask the performance of this duty.

AB11-CSA1, s. 220 Section 220. 111.70 (3) (a) 3. of the statutes is amended to read:

AB11-CSA1,72,9 111.70 (3) (a) 3. To encourage or discourage a membership in any labor organization by discrimination in regard to hiring, tenure, or other terms or conditions of employment; but the prohibition shall not apply to a fair-share agreement that covers public safety employees.

AB11-CSA1, s. 221 Section 221. 111.70 (3) (a) 4. of the statutes is amended to read:

AB11-CSA1,73,3 111.70 (3) (a) 4. To refuse to bargain collectively with a representative of a majority of its employees in an appropriate collective bargaining unit. Such refusal shall include includes action by the employer to issue or seek to obtain contracts, including those provided for by statute, with individuals in the collective bargaining unit while collective bargaining, mediation, or fact-finding concerning the terms and conditions of a new collective bargaining agreement is in progress, unless such individual contracts contain express language providing that the contract is subject to amendment by a subsequent collective bargaining agreement. Where the employer has a good faith doubt as to whether a labor organization claiming the support of a majority of its employees in an appropriate bargaining unit does in fact have that support, it may file with the commission a petition requesting an election to that claim. An employer shall not be deemed to have refused to bargain until an election has been held and the results thereof certified to the employer by the commission. The violation shall include, though not be limited thereby, to the refusal to execute a collective bargaining agreement previously agreed upon. The term of any collective bargaining agreement covering municipal employees who are not school district employees shall not exceed 3 years, and the term of any collective bargaining agreement covering school district employees shall not exceed 4 years.

AB11-CSA1, s. 222 Section 222. 111.70 (3) (a) 5. of the statutes is amended to read:

AB11-CSA1,73,13 111.70 (3) (a) 5. To violate any collective bargaining agreement previously agreed upon by the parties with respect to wages, hours and conditions of employment affecting municipal public safety employees, including an agreement to arbitrate questions arising as to the meaning or application of the terms of a collective bargaining agreement or to accept the terms of such arbitration award, where previously the parties have agreed to accept such award as final and binding upon them or to violate any collective bargaining agreement affecting general municipal employees, that was previously agreed upon by the parties with respect to wages.

AB11-CSA1, s. 223 Section 223. 111.70 (3) (a) 6. of the statutes is amended to read:

AB11-CSA1,73,21 111.70 (3) (a) 6. To deduct labor organization dues from an employee's or supervisor's the earnings of a public safety employee, unless the municipal employer has been presented with an individual order therefor, signed by the municipal public safety employee personally, and terminable by at least the end of any year of its life or earlier by the municipal public safety employee giving at least 30 days' written notice of such termination to the municipal employer and to the representative organization, except where there is when a fair-share agreement is in effect.