AB40-ASA1,970,2215 108.04 (1) (c) If a claimant fails or refuses to take a test for the presence of
16illegal drugs that is required by the claimant's employer or a prospective employer
17as a condition of employment, the employer shall report the failure or refusal to the
18department. The department shall retain the information received from employers
19under this paragraph for the purpose of determining eligibility for benefits. A
20claimant is ineligible to receive benefits for a period of 52 weeks after the week in
21which the department receives a report of the claimant's failure or refusal under this
22paragraph. This paragraph applies to the extent permitted under federal law.
AB40-ASA1, s. 2403s 23Section 2403s. 108.04 (3) of the statutes is created to read:
AB40-ASA1,971,3
1108.04 (3) Waiting period. The first week of a claimant's benefit year for which
2the claimant has timely applied and is otherwise eligible for regular benefits under
3this chapter is the claimant's waiting period for that benefit year.
AB40-ASA1, s. 2403w 4Section 2403w. 108.06 (1) of the statutes is amended to read:
AB40-ASA1,971,145 108.06 (1) Except as provided in subs. (6) and (7) and ss. 108.141 and 108.142,
6no claimant may receive total benefits based on employment in a base period greater
7than 26 times the claimant's weekly benefit rate under s. 108.05 (1) or 40% of the
8claimant's base period wages, whichever is lower. Except as provided in subs. (6) and
9(7) and ss. 108.141 and 108.142, if a claimant's base period wages are reduced or
10canceled under s. 108.04 (5) or (18), or suspended under s. 108.04 (1) (c) or (f), (10)
11(a), or (17), the claimant may not receive total benefits based on employment in a base
12period greater than 26 times the claimant's weekly benefit rate under s. 108.05 (1)
13or 40% of the base period wages not reduced, canceled or suspended which were paid
14or payable to the claimant, whichever is lower.
AB40-ASA1, s. 2404 15Section 2404. 109.07 (1m) (b) of the statutes is amended to read:
AB40-ASA1,971,2116 109.07 (1m) (b) The department shall promptly provide a copy of the notice
17required under par. (a) to the department of commerce and to the office of the
18commissioner of insurance and shall cooperate with the department of commerce in
19the performance of its responsibilities under s. 560.15 and
with the office of the
20commissioner of insurance in the performance of its responsibilities under s. 601.41
21(7).
AB40-ASA1, s. 2404c 22Section 2404c. 109.09 (1) of the statutes is amended to read:
AB40-ASA1,972,1823 109.09 (1) The department shall investigate and attempt equitably to adjust
24controversies between employers and employees as to alleged wage claims. The
25department may receive and investigate any wage claim which is filed with the

1department, or received by the department under s. 109.10 (4), no later than 2 years
2after the date the wages are due. The department may, after receiving a wage claim,
3investigate any wages due from the employer against whom the claim is filed to any
4employee during the period commencing 2 years before the date the claim is filed.
5The department shall enforce this chapter and ss. 66.0903, 66.0904, 103.02, 103.49,
6103.82, 104.12, and 229.8275. In pursuance of this duty, the department may sue the
7employer on behalf of the employee to collect any wage claim or wage deficiency and
8ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions
9under s. 109.10, the department may refer such an action to the district attorney of
10the county in which the violation occurs for prosecution and collection and the
11district attorney shall commence an action in the circuit court having appropriate
12jurisdiction. Any number of wage claims or wage deficiencies against the same
13employer may be joined in a single proceeding, but the court may order separate
14trials or hearings. In actions that are referred to a district attorney under this
15subsection, any taxable costs recovered by the district attorney shall be paid into the
16general fund of the county in which the violation occurs and used by that county to
17meet its financial responsibility under s. 978.13 (2) (b) for the operation of the office
18of the district attorney who prosecuted the action.
AB40-ASA1, s. 2404g 19Section 2404g. 110.08 (2) of the statutes is amended to read:
AB40-ASA1,972,2120 110.08 (2) Except as provided under sub. (5) (b) and s. 343.16 (1) (b) to (c), all
21examinations for operator's licenses and permits shall be given by state examiners.
AB40-ASA1, s. 2404r 22Section 2404r. 110.08 (5) of the statutes is created to read:
AB40-ASA1,972,2523 110.08 (5) (a) The department shall provide in each county, directly or by
24contract as described in par. (b), at least 20 hours per week of services relating to
25operator's licenses and identification cards.
AB40-ASA1,973,10
1(b) The department shall provide the services required under par. (a) by the
2most cost-effective means possible, which may include contracting with counties or
3other local governments to provide these services. Notwithstanding any provision
4of ss. 343.14 and 343.16, a contract between the department and a county or other
5local government under this paragraph may authorize an employee of the county or
6local government to conduct any examination for an operator's license except a
7driving skills test. The department may require any employee of a county or local
8government who provides services under a contract entered into under this
9paragraph to satisfy any requirement under s. 110.09 that would be required of an
10employee of the department.
AB40-ASA1, s. 2404q 11Section 2404q. 111.322 (2m) (c) of the statutes is amended to read:
AB40-ASA1,973,1412 111.322 (2m) (c) The individual files a complaint or attempts to enforce a right
13under s. 66.0903, 66.0904, 103.49, or 229.8275 or testifies or assists in any action or
14proceeding under s. 66.0903, 66.0904, 103.49, or 229.8275.
AB40-ASA1, s. 2404t 15Section 2404t. 111.335 (1) (cv) of the statutes is amended to read:
AB40-ASA1,973,2016 111.335 (1) (cv) Notwithstanding s. 111.322, it is not employment
17discrimination because of conviction record to refuse to employ in a position in the
18classified service or in a position described in s. 230.08 (2) (k) a person who has been
19convicted under 50 USC, Appendix, section 462 for refusing to register with the
20selective service system and who has not been pardoned.
AB40-ASA1, s. 2405 21Section 2405. 111.70 (1) (a) of the statutes is amended to read:
AB40-ASA1,974,2122 111.70 (1) (a) "Collective bargaining" means the performance of the mutual
23obligation of a municipal employer, through its officers and agents, and the
24representative of its municipal employees in a collective bargaining unit, to meet and
25confer at reasonable times, in good faith, with the intention of reaching an

1agreement, or to resolve questions arising under such an agreement, with respect to
2wages, hours, and conditions of employment, and with respect to a requirement of
3the municipal employer for a municipal employee to perform law enforcement and
4fire fighting services under s. 60.553, 61.66, or 62.13 (2e) and for a school district with
5respect to any matter under sub. (4) (n) and (o), and for a school district with respect
6to any matter under sub. (4) (n),
except as provided in subs. (3m), (3p), and (4) (m)
7and (mc) and s. 40.81 (3) and except that a municipal employer shall not meet and
8confer with respect to any proposal to diminish or abridge the rights guaranteed to
9municipal employees under ch. 164. The duty to bargain, however, does not compel
10either party to agree to a proposal or require the making of a concession. Collective
11bargaining includes the reduction of any agreement reached to a written and signed
12document. The municipal employer shall not be required to bargain on subjects
13reserved to management and direction of the governmental unit except insofar as the
14manner of exercise of such functions affects the wages, hours, and conditions of
15employment of the municipal employees in a collective bargaining unit. In creating
16this subchapter the legislature recognizes that the municipal employer must
17exercise its powers and responsibilities to act for the government and good order of
18the jurisdiction which it serves, its commercial benefit and the health, safety, and
19welfare of the public to assure orderly operations and functions within its
20jurisdiction, subject to those rights secured to municipal employees by the
21constitutions of this state and of the United States and by this subchapter.
AB40-ASA1, s. 2406m 22Section 2406m. 111.70 (1) (j) of the statutes is amended to read:
AB40-ASA1,975,523 111.70 (1) (j) "Municipal employer" means any city, county, village, town,
24metropolitan sewerage district, school district, long-term care district, transit
25authority under s. 59.58 (7) or 66.1039,
or any other political subdivision of the state,

1or instrumentality of one or more political subdivisions of the state, that engages the
2services of an employee and includes any person acting on behalf of a municipal
3employer within the scope of the person's authority, express or implied, but
4specifically does not include a local cultural arts district created under subch. V of
5ch. 229.
AB40-ASA1, s. 2407dg 6Section 2407dg. 111.70 (4) (c) 2. a. of the statutes is renumbered 111.70 (4) (c)
72.
AB40-ASA1, s. 2407dgg 8Section 2407dgg. 111.70 (4) (c) 2. b. of the statutes is repealed.
AB40-ASA1, s. 2408cv 9Section 2408cv. 111.70 (4) (jm) 4w. of the statutes is created to read:
AB40-ASA1,975,1410 111.70 (4) (jm) 4w. In determining the proper compensation to be received by
11members of the police department under subd. 4., the arbitrator shall give greater
12weight to the economic conditions in the 1st class city than the arbitrator gives to the
13factors under subd. 5. The arbitrator shall give an accounting of the consideration
14of this factor in the arbitrator's decision.
AB40-ASA1, s. 2408cx 15Section 2408cx. 111.70 (4) (jm) 5. (intro.) of the statutes is amended to read:
AB40-ASA1,975,1816 111.70 (4) (jm) 5. (intro.) In determining the proper compensation to be received
17by members of the police department under subd. 4., in addition to the factor under
18subd. 4w.,
the arbitrator shall utilize:
AB40-ASA1, s. 2409cp 19Section 2409cp. 111.70 (4) (mc) 1., 2. and 3. of the statutes are repealed.
AB40-ASA1, s. 2409cy 20Section 2409cy. 111.70 (4) (mc) 5. and 6. of the statutes are created to read:
AB40-ASA1,976,721 111.70 (4) (mc) 5. If the collective bargaining unit contains a public safety
22employee who is initially employed on or after the effective date of this subdivision
23.... [LRB inserts date], the requirement under ss. 40.05 (1) (b), 59.875, and 62.623
24that the municipal employer may not pay, on behalf of that public safety employee
25any employee required contributions or the employee share of required

1contributions, and the impact of this requirement on the wages, hours, and
2conditions of employment of that public safety employee. If a public safety employee
3is initially employed by a municipal employer before the effective date of this
4subdivision .... [LRB inserts date], this subdivision does not apply to that public
5safety employee if he or she is employed as a public safety employee by a successor
6municipal employer in the event of a combined department that is created on or after
7that date.
AB40-ASA1,976,118 6. The design and selection of health care coverage plans by the municipal
9employer for public safety employees, and the impact of the design and selection of
10the health care coverage plans on the wages, hours, and conditions of employment
11of the public safety employee.
AB40-ASA1, s. 2409it 12Section 2409it. 111.77 (6) of the statutes is renumbered 111.77 (6) (bm), and
13111.77 (6) (bm) (intro.), as renumbered, is amended to read:
AB40-ASA1,976,1514 111.77 (6) (bm) (intro.) In reaching a decision, in addition to the factors under
15par. (am),
the arbitrator shall give weight to the following factors:
AB40-ASA1, s. 2409iv 16Section 2409iv. 111.77 (6) (am) of the statutes is created to read:
AB40-ASA1,976,2017 111.77 (6) (am) In reaching a decision, the arbitrator shall give greater weight
18to the economic conditions in the jurisdiction of the municipal employer than the
19arbitrator gives to the factors under par. (bm). The arbitrator shall give an
20accounting of the consideration of this factor in the arbitrator's decision.
AB40-ASA1, s. 2410a 21Section 2410a. 111.81 (7) (ar) of the statutes is created to read:
AB40-ASA1,976,2522 111.81 (7) (ar) Any employee who is employed by the University of Wisconsin
23System, except an employee who is assigned to the University of
24Wisconsin-Madison, and except academic faculty under s. 36.13 and academic staff
25under s. 36.15.
AB40-ASA1, s. 2410b
1Section 2410b. 111.81 (7) (at) of the statutes is created to read:
AB40-ASA1,977,42 111.81 (7) (at) Any employee who is employed by the University of Wisconsin
3System and assigned to the University of Wisconsin-Madison except academic
4faculty under s. 36.13 and academic staff under s. 36.15.
AB40-ASA1, s. 2410c 5Section 2410c. 111.815 (1) of the statutes is amended to read:
AB40-ASA1,978,116 111.815 (1) In the furtherance of this subchapter, the state shall be considered
7as a single employer and employment relations policies and practices throughout the
8state service shall be as consistent as practicable. The office shall negotiate and
9administer collective bargaining agreements except that the department of health
10services, subject to the approval of the federal centers for medicare and medicaid
11services to use collective bargaining as the method of setting rates for
12reimbursement of home care providers, shall negotiate and administer collective
13bargaining agreements entered into with the collective bargaining unit specified in
14s. 111.825 (2g). To coordinate the employer position in the negotiation of agreements,
15the office, or the department of health services with regard to collective bargaining
16agreements entered into with the collective bargaining unit specified in s. 111.825
17(2g), shall maintain close liaison with the legislature relative to the negotiation of
18agreements and the fiscal ramifications of those agreements. Except with respect
19to the collective bargaining units specified in s. 111.825 (1m), (2) (f), (1r), (1t), and
20(2g), the office is responsible for the employer functions of the executive branch under
21this subchapter, and shall coordinate its collective bargaining activities with
22operating state agencies on matters of agency concern. The legislative branch shall
23act upon those portions of tentative agreements negotiated by the office that require
24legislative action. With respect to the collective bargaining units specified in s.
25111.825 (1m), the University of Wisconsin Hospitals and Clinics Board is responsible

1for the employer functions under this subchapter. With respect to the collective
2bargaining units specified in s. 111.825 (1r), the Board of Regents of the University
3of Wisconsin System is responsible for the employer functions under this subchapter.
4With respect to the collective bargaining units specified in s. 111.825 (1t), the
5chancellor of the University of Wisconsin-Madison is responsible for the employer
6functions under this subchapter.
With respect to the collective bargaining unit
7specified in s. 111.825 (2) (f) (1r) (ef), the governing board of the charter school
8established by contract under s. 118.40 (2r) (cm) is responsible for the employer
9functions under this subchapter. With respect to the collective bargaining unit
10specified in s. 111.825 (2g), the department of health services is responsible for the
11employer functions of the executive branch under this subchapter.
AB40-ASA1, s. 2410d 12Section 2410d. 111.815 (2) of the statutes is amended to read:
AB40-ASA1,978,1913 111.815 (2) In the furtherance of the policy under s. 111.80 (4), the director of
14the office shall, together with the appointing authorities or their representatives,
15represent the state in its responsibility as an employer under this subchapter except
16with respect to negotiations in the collective bargaining units specified in s. 111.825
17(1m), (2) (f), (1r), (1t), and (2g). The director of the office shall establish and maintain,
18wherever practicable, consistent employment relations policies and practices
19throughout the state service.
AB40-ASA1, s. 2410e 20Section 2410e. 111.825 (1r) of the statutes is created to read:
AB40-ASA1,978,2421 111.825 (1r) Except as provided in sub. (2), collective bargaining units for
22employees who are employed by the University of Wisconsin System, other than
23employees who are assigned to the University of Wisconsin-Madison, are structured
24with one collective bargaining unit for each of the following occupational groups:
AB40-ASA1,978,2525 (a) Administrative support.
AB40-ASA1,979,1
1(b) Blue collar and nonbuilding trades.
AB40-ASA1,979,22 (c) Building trades crafts.
AB40-ASA1,979,33 (cm) Law enforcement.
AB40-ASA1,979,44 (d) Security and public safety.
AB40-ASA1,979,55 (e) Technical.
AB40-ASA1,979,66 (f) Professional:
AB40-ASA1,979,77 1. Fiscal and staff services.
AB40-ASA1,979,88 2. Research, statistics, and analysis.
AB40-ASA1,979,99 3. Legal.
AB40-ASA1,979,1010 4. Patient treatment.
AB40-ASA1,979,1111 5. Patient care.
AB40-ASA1,979,1212 6. Social services.
AB40-ASA1,979,1313 7. Education.
AB40-ASA1,979,1414 8. Engineering.
AB40-ASA1,979,1515 9. Science.
AB40-ASA1, s. 2410f 16Section 2410f. 111.825 (1t) of the statutes is created to read:
AB40-ASA1,979,2017 111.825 (1t) Except as provided in sub. (2), collective bargaining units for
18employees employed by the University of Wisconsin System and assigned to the
19University of Wisconsin-Madison are structured with one collective bargaining unit
20for each of the following occupational groups:
AB40-ASA1,979,2121 (a) Administrative support.
AB40-ASA1,979,2222 (b) Blue collar and nonbuilding trades.
AB40-ASA1,979,2323 (c) Building trades crafts.
AB40-ASA1,979,2424 (cm) Law enforcement.
AB40-ASA1,979,2525 (d) Security and public safety.
AB40-ASA1,980,1
1(e) Technical.
AB40-ASA1,980,22 (f) Professional:
AB40-ASA1,980,33 1. Fiscal and staff services.
AB40-ASA1,980,44 2. Research, statistics, and analysis.
AB40-ASA1,980,55 3. Legal.
AB40-ASA1,980,66 4. Patient treatment.
AB40-ASA1,980,77 5. Patient care.
AB40-ASA1,980,88 6. Social services.
AB40-ASA1,980,99 7. Education.
AB40-ASA1,980,1010 8. Engineering.
AB40-ASA1,980,1111 9. Science.
AB40-ASA1, s. 2410g 12Section 2410g. 111.825 (2) (a) of the statutes is renumbered 111.825 (1t) (em)
13and amended to read:
AB40-ASA1,980,1514 111.825 (1t) (em) The program, project, and teaching assistants of the
15University of Wisconsin-Madison and.
AB40-ASA1,980,17 16(1r) (em) The program, project, and teaching assistants of the University of
17Wisconsin-Extension.
AB40-ASA1, s. 2410h 18Section 2410h. 111.825 (2) (b), (c) and (f) of the statutes are renumbered
19111.825 (1r) (eb), (ec) and (ef).
AB40-ASA1, s. 2410i 20Section 2410i. 111.825 (2) (g) of the statutes is renumbered 111.825 (1t) (er)
21and amended to read:
AB40-ASA1,980,2322 111.825 (1t) (er) Research assistants of the University of Wisconsin-Madison
23and.
AB40-ASA1,980,24 24(1r) (er) Research assistants of the University of Wisconsin-Extension.
AB40-ASA1, s. 2410j
1Section 2410j. 111.825 (2) (h) and (i) of the statutes are renumbered 111.825
2(1r) (eh) and (ei).
AB40-ASA1, s. 2410k 3Section 2410k. 111.825 (3) of the statutes is amended to read:
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