AB40-ASA1-AA1,102,1710 111.93 (3) (b) If a collective bargaining agreement exists between the employer
11and a labor organization representing general employees in a collective bargaining
12unit, the provisions of that agreement shall supersede the provisions of civil service
13and other applicable statutes, as well as rules and policies of the Board of Regents
14of the University of Wisconsin System and rules and policies of the Board of Trustees
15of the University of Wisconsin-Madison, related to wages, whether or not the
16matters contained in those statutes, rules, and policies are set forth in the collective
17bargaining agreement.".
AB40-ASA1-AA1,102,18 1898. Page 988, line 17: after that line insert:
AB40-ASA1-AA1,102,20 19" Section 2431p. Subchapter VI of chapter 111 [precedes 111.95] of the statutes
20is repealed.".
AB40-ASA1-AA1,102,21 21101. 99. Page 995, line 7: after that line insert:
AB40-ASA1-AA1,102,22 22" Section 2487g. 118.22 (4) of the statutes is repealed.
AB40-ASA1-AA1, s. 2487i 23Section 2487i. 118.223 of the statutes is created to read:
AB40-ASA1-AA1,103,2
1118.223 Collective bargaining. Except as provided under subch. IV of ch.
2111, no school board may collectively bargain with its employees.
AB40-ASA1-AA1, s. 2487k 3Section 2487k. 118.23 (5) of the statutes is repealed.
AB40-ASA1-AA1, s. 2487n 4Section 2487n. 118.245 of the statutes is created to read:
AB40-ASA1-AA1,103,13 5118.245 Referendum; increase in employee wages. (1) If a school board
6wishes to increase the total base wages of its employees in an amount that exceeds
7the limit under s. 111.70 (4) (mb) 2., the school board shall adopt a resolution to that
8effect. The resolution shall specify the amount by which the proposed total base
9wages increase will exceed the limit under s. 111.70 (4) (mb) 2. The resolution may
10not take effect unless it is approved in a referendum called for that purpose. The
11referendum shall occur in April for collective bargaining agreements that begin in
12July of that year. The results of a referendum apply to the total base wages only in
13the next collective bargaining agreement.
AB40-ASA1-AA1,103,18 14(2) The question submitted in the referendum shall be substantially as follows:
15"Shall the employees in the .... [school district] receive a total increase on wages from
16$....[current total base wages] to $....[proposed total base wages], which is a
17percentage wage increase that is .... [x] percent higher than the percent of the
18consumer price index increase, for a total percentage increase in wages of .... [x]?"".
AB40-ASA1-AA1,103,19 19100. Page 1002, line 19: after that line insert:
AB40-ASA1-AA1,103,20 20" Section 2507ag. 118.42 (3) (a) 4. of the statutes is amended to read:
AB40-ASA1-AA1,103,2221 118.42 (3) (a) 4. Implement changes in administrative and personnel
22structures that are consistent with applicable collective bargaining agreements.
AB40-ASA1-AA1, s. 2507ak 23Section 2507ak. 118.42 (5) of the statutes is amended to read:
AB40-ASA1-AA1,104,3
1118.42 (5) Nothing in this section alters or otherwise affects the rights or
2remedies afforded school districts and school district employees under federal or
3state law or under the terms of any applicable collective bargaining agreement.".
AB40-ASA1-AA1,104,5 4101. Page 1045, line 19: delete the material beginning with that line and
5ending with page 1046, line 3, and substitute:
AB40-ASA1-AA1,104,7 6" Section 2533b. 119.04 (1) of the statutes, as affected by 2011 Wisconsin Act
710
, is repealed and recreated to read:
AB40-ASA1-AA1,104,168 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
966.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
10115.345, 115.365 (3), 115.38 (2), 115.445, 118.001 to 118.04, 118.045, 118.06, 118.07,
11118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.16,
12118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.223, 118.225, 118.24 (1), (2) (c)
13to (f), (6), (8), and (10), 118.245, 118.255, 118.258, 118.291, 118.30 to 118.43, 118.46,
14118.51, 118.52, 118.55, 120.12 (5) and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g),
15(3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.14, 120.21 (3), and
16120.25 are applicable to a 1st class city school district and board.".
AB40-ASA1-AA1,104,17 17102. Page 1057, line 6: after that line insert:
AB40-ASA1-AA1,104,18 18" Section 2558m. 120.12 (15) of the statutes is amended to read:
AB40-ASA1-AA1,105,219 120.12 (15) School hours. Establish rules scheduling the hours of a normal
20school day. The school board may differentiate between the various elementary and
21high school grades in scheduling the school day. The equivalent of 180 such days, as
22defined in s. 115.01 (10), shall be held during the school term. This subsection shall
23not be construed to eliminate a school district's duty to bargain with the employee's

1collective bargaining representative over any calendaring proposal which is
2primarily related to wages, hours and conditions of employment.
AB40-ASA1-AA1, s. 2559p 3Section 2559p. 120.18 (1) (gm) of the statutes is amended to read:
AB40-ASA1-AA1,105,204 120.18 (1) (gm) Payroll and related benefit costs for all school district
5employees in the previous school year. Costs Payroll costs for represented employees
6shall be based upon the costs of wages of any collective bargaining agreements
7covering such employees for the previous school year. If, as of the time specified by
8the department for filing the report, the school district has not entered into a
9collective bargaining agreement for any portion of the previous school year with the
10recognized or certified representative of any of its employees and the school district
11and the representative have been required to submit final offers under s. 111.70 (4)
12(cm) 6.
, increased costs limited to the lower of the school district's offer or the
13representative's offer shall be
of wages reflected in the report shall be equal to the
14maximum wage expenditure that is subject to collective bargaining under s. 111.70
15(4) (mb) 2. for the employees
. The school district shall amend the annual report to
16reflect any change in such costs as a result of any award or settlement under s. 111.70
17(4) (cm) 6.
collective bargaining agreement entered into between the date of filing the
18report and October 1. Any such amendment shall be concurred in by the certified
19public accountant licensed or certified under ch. 442 certifying the school district
20audit.".
AB40-ASA1-AA1,105,21 21103. Page 1111, line 17: after that line insert:
AB40-ASA1-AA1,105,22 22" Section 2648b. 146.59 of the statutes is repealed.".
AB40-ASA1-AA1,105,23 23104. Page 1146, line 3: after that line insert:
AB40-ASA1-AA1,105,24 24" Section 2751d. 230.01 (3) of the statutes is amended to read:
AB40-ASA1-AA1,106,2
1230.01 (3) Nothing in this chapter shall be construed to either infringe upon
2or supersede the rights guaranteed state employees under subch. V or VI of ch. 111.".
AB40-ASA1-AA1,106,3 3105. Page 1146, line 4: before that line insert:
AB40-ASA1-AA1,106,5 4" Section 2751dm. 230.03 (3) of the statutes, as affected by 2011 Wisconsin Act
57
, is amended to read:
AB40-ASA1-AA1,106,156 230.03 (3) "Agency" means any board, commission, committee, council, or
7department in state government or a unit thereof created by the constitution or
8statutes if such board, commission, committee, council, department, unit, or the
9head thereof, is authorized to appoint subordinate staff by the constitution or
10statute, except a legislative or judicial board, commission, committee, council,
11department, or unit thereof or an authority created under subch. II of ch. 114 or
12subch. III of ch. 149 or under ch. 52, 231, 232, 233, 234, 235, 237, 238, or 279.
13"Agency" does not mean any local unit of government or body within one or more local
14units of government that is created by law or by action of one or more local units of
15government.".
AB40-ASA1-AA1,106,17 16106. Page 1146, line 5: delete: "7, is amended" and substitute "10 and 2011
17Wisconsin Act ... (this act), is repealed and recreated".
AB40-ASA1-AA1,106,20 18107. Page 1146, line 10: delete "the Board of Regents of the University of
19Wisconsin System,
" and substitute "the Board of Regents of the University of
20Wisconsin System,".
AB40-ASA1-AA1,106,22 22109. Page 1147, line 2: after that line insert:
AB40-ASA1-AA1,106,23 23" Section 2751mb. 230.04 (16) of the statutes is amended to read:
AB40-ASA1-AA1,107,2
1230.04 (16) The director may appoint either a deputy director or an executive
2assistant outside the classified service.
AB40-ASA1-AA1, s. 2751mk 3Section 2751mk. 230.046 (10) (a) of the statutes is amended to read:
AB40-ASA1-AA1,107,54 230.046 (10) (a) Conduct off-the-job employee development and training
5programs relating to functions under this chapter or subch. V or VI of ch. 111.".
AB40-ASA1-AA1,107,6 6110. Page 1147, line 5: after that line insert:
AB40-ASA1-AA1, s. 2753d 7Section 2753d. 230.08 (2) (e) 1. of the statutes is amended to read:
AB40-ASA1-AA1,107,88 230.08 (2) (e) 1. Administration — 14 12.
AB40-ASA1-AA1, s. 2753g 9Section 2753g. 230.08 (2) (e) 2. of the statutes is amended to read:
AB40-ASA1-AA1,107,1010 230.08 (2) (e) 2. Agriculture, trade and consumer protection — 6 9.
AB40-ASA1-AA1, s. 2753k 11Section 2753k. 230.08 (2) (e) 2m. of the statutes is amended to read:
AB40-ASA1-AA1,107,1212 230.08 (2) (e) 2m. Children and families — 5 8.".
AB40-ASA1-AA1,107,13 13111. Page 1147, line 6: after that line insert:
AB40-ASA1-AA1,107,14 14" Section 2753mp. 230.08 (2) (e) 3e. of the statutes is amended to read:
AB40-ASA1-AA1,107,1515 230.08 (2) (e) 3e. Corrections — 4 7.".
AB40-ASA1-AA1,107,16 16112. Page 1147, line 8: after that line insert:
AB40-ASA1-AA1,107,17 17" Section 2754g. 230.08 (2) (e) 4f. of the statutes is amended to read:
AB40-ASA1-AA1,107,1818 230.08 (2) (e) 4f. Financial institutions — 3 5.
AB40-ASA1-AA1, s. 2754r 19Section 2754r. 230.08 (2) (e) 5. of the statutes is amended to read:
AB40-ASA1-AA1,107,2020 230.08 (2) (e) 5. Health services — 6 9.".
AB40-ASA1-AA1,107,21 21113. Page 1147, line 11: after that line insert:
AB40-ASA1-AA1,107,22 22" Section 2755g. 230.08 (2) (e) 7. of the statutes is amended to read:
AB40-ASA1-AA1,107,2323 230.08 (2) (e) 7. Justice — 3 5.
AB40-ASA1-AA1, s. 2755i 24Section 2755i. 230.08 (2) (e) 8. of the statutes is amended to read:
AB40-ASA1-AA1,108,1
1230.08 (2) (e) 8. Natural resources — 7 10.
AB40-ASA1-AA1, s. 2755k 2Section 2755k. 230.08 (2) (e) 8h. of the statutes is created to read:
AB40-ASA1-AA1,108,33 230.08 (2) (e) 8h. Office of the commissioner of insurance — 2.
AB40-ASA1-AA1, s. 2755n 4Section 2755n. 230.08 (2) (e) 8j. of the statutes is created to read:
AB40-ASA1-AA1,108,55 230.08 (2) (e) 8j. Office of state employment relations — 3.
AB40-ASA1-AA1, s. 2755p 6Section 2755p. 230.08 (2) (e) 9m. of the statutes is amended to read:
AB40-ASA1-AA1,108,77 230.08 (2) (e) 9m. Public service commission — 5 8.".
AB40-ASA1-AA1,108,8 8114. Page 1147, line 12: after that line insert:
AB40-ASA1-AA1,108,9 9" Section 2756p. 230.08 (2) (e) 11. of the statutes is amended to read:
AB40-ASA1-AA1,108,1010 230.08 (2) (e) 11. Revenue — 4 7.".
AB40-ASA1-AA1,108,11 11115. Page 1147, line 14: after that line insert:
AB40-ASA1-AA1,108,12 12" Section 2757g. 230.08 (2) (e) 12. of the statutes is amended to read:
AB40-ASA1-AA1,108,1313 230.08 (2) (e) 12. Transportation — 6 9.
AB40-ASA1-AA1, s. 2757r 14Section 2757r. 230.08 (2) (e) 15. of the statutes is created to read:
AB40-ASA1-AA1,108,1515 230.08 (2) (e) 15. Tourism — 1.".
AB40-ASA1-AA1,108,16 16116. Page 1148, line 5: after that line insert:
AB40-ASA1-AA1,108,17 17" Section 2760p. 230.08 (2) (ya) of the statutes is amended to read:
AB40-ASA1-AA1,108,2018 230.08 (2) (ya) The director, deputy director, and executive assistant to the
19director of the office of state employment relations in the department of
20administration
.".
AB40-ASA1-AA1,108,21 21117. Page 1148, line 10: delete lines 10 to 20 and substitute:
AB40-ASA1-AA1,108,23 22" Section 2763b. 230.08 (4) (a) of the statutes, as affected by 2011 Wisconsin
23Act 10
, is repealed and recreated to read:
AB40-ASA1-AA1,109,11
1230.08 (4) (a) The number of administrator positions specified in sub. (2) (e)
2includes all administrator positions specifically authorized by law to be employed
3outside the classified service in each department, board or commission and the
4historical society, and any other managerial position determined by an appointing
5authority. In this paragraph, "department" has the meaning given under s. 15.01 (5),
6"board" means the educational communications board, government accountability
7board, investment board, public defender board and technical college system board
8and "commission" means the employment relations commission and the public
9service commission. Notwithstanding sub. (2) (z), no division administrator position
10exceeding the number authorized in sub. (2) (e) may be created in the unclassified
11service.".
AB40-ASA1-AA1,109,13 12118. Page 1148, line 24: delete "is amended" and substitute ", as affected by
132011 Wisconsin Act 10, is repealed and recreated".
AB40-ASA1-AA1,109,14 14119. Page 1149, line 1: delete lines 1 to 20 and substitute:
AB40-ASA1-AA1,110,5 15"230.09 (2) (g) When filling a new or vacant position, if the director determines
16that the classification for a position is different than that provided for by the
17legislature as established by law or in budget determinations, or as authorized by the
18joint committee on finance under s. 13.10, or as specified by the governor creating
19positions under s. 16.505 (1) (c) or (2), or is different than that of the previous
20incumbent, the director shall notify the administrator and the secretary of
21administration. The administrator shall withhold action on the selection and
22certification process for filling the position. The secretary of administration shall
23review the position to determine that sufficient funds exist for the position and that
24the duties and responsibilities of the proposed position reflect the intent of the

1legislature as established by law or in budget determinations, the intent of the joint
2committee on finance acting under s. 13.10, the intent of the governor creating
3positions under s. 16.505 (1) (c) or (2). The administrator may not proceed with the".
4selection and certification process until the secretary of administration has
5authorized the position to be filled.
AB40-ASA1-AA1,110,6 6120. Page 1149, line 20: after that line insert:
AB40-ASA1-AA1, s. 2763r 7Section 2763r. 230.10 (1) of the statutes is amended to read:
AB40-ASA1-AA1,110,158 230.10 (1) Except as provided under sub. (2), the compensation plan provisions
9of s. 230.12 apply to all employees of the classified service, unless they are covered
10by a collective bargaining agreement under subch. V of ch. 111
and the unclassified
11service, unless otherwise excluded under s. 230.12 (1) (a) 1. b. If an employee is
12covered under a collective bargaining agreement under subch. V of ch. 111, the
13compensation plan provisions of s. 230.12 apply to that employee, except for those
14provisions relating to matters that are subject to bargaining under a collective
15bargaining agreement that covers the employee
.".
AB40-ASA1-AA1,110,16 16121. Page 1150, line 22: after that line insert:
AB40-ASA1-AA1,110,17 17" Section 2764bg. 230.12 (1) (h) of the statutes is created to read:
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