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, is repealed and recreated to read: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:
AB40-ASA1-AA1,110,2118 230.12 (1) (h) Other pay, benefits, and working conditions. The compensation
19plan may include other provisions relating to pay, benefits, and working conditions
20that shall supersede the provisions of the civil service and other applicable statutes
21and rules promulgated by the director and the administrator.
AB40-ASA1-AA1, s. 2764br 22Section 2764br. 230.12 (3) (a) of the statutes is amended to read:
AB40-ASA1-AA1,111,1123 230.12 (3) (a) Submission to the joint committee on employment relations. The
24director shall submit to the joint committee on employment relations a proposal for

1any required changes in the compensation plan which may include across the board
2pay adjustments for positions in the classified service
. The proposal shall include the
3amounts and methods for within range pay progression, for pay transactions, and for
4performance awards. The proposal shall be based upon experience in recruiting for
5the service, the principle of providing pay equity regardless of gender or race, data
6collected as to rates of pay for comparable work in other public services and in
7commercial and industrial establishments, recommendations of agencies and any
8special studies carried on as to the need for any changes in the compensation plan
9to cover each year of the biennium. The proposal shall also take proper account of
10prevailing pay rates, costs and standards of living and the state's employment
11policies.
AB40-ASA1-AA1, s. 2764bt 12Section 2764bt. 230.12 (3) (b) of the statutes is amended to read:
AB40-ASA1-AA1,111,2413 230.12 (3) (b) Public hearing on the proposal; adoption of plan. The director
14shall submit the proposal for any required changes in the compensation plan to the
15joint committee on employment relations. The committee shall hold a public hearing
16on the proposal. The proposal, as may be modified by the joint committee on
17employment relations together with the unchanged provisions of the current
18compensation plan, shall, for the ensuing fiscal year or until a new or modified plan
19is adopted under this subsection, constitute the state's compensation plan for
20positions in the classified service
. Any modification of the director's proposed
21changes in the compensation plan by the joint committee on employment relations
22may be disapproved by the governor within 10 calendar days. A vote of 6 members
23of the joint committee on employment relations is required to set aside any such
24disapproval of the governor.".
AB40-ASA1-AA1,112,1
1122. Page 1151, line 3: after that line insert:
AB40-ASA1-AA1,112,2 2" Section 2764dg. 230.12 (3) (e) 1. of the statutes is amended to read:
AB40-ASA1-AA1,113,23 230.12 (3) (e) 1. The director, after receiving recommendations from the board
4of regents, shall submit to the joint committee on employment relations a proposal
5for adjusting compensation and employee benefits for employees under ss. 20.923
6(4g), (5) and (6) (m) and 230.08 (2) (d) who are not included in a collective bargaining
7unit under subch. V or VI of ch. 111 for which a representative is certified. The
8proposal shall include the salary ranges and adjustments to the salary ranges for the
9university senior executive salary groups 1 and 2 established under s. 20.923 (4g).
10The proposal shall be based upon the competitive ability of the board of regents to
11recruit and retain qualified faculty and academic staff, data collected as to rates of
12pay for comparable work in other public services, universities and commercial and
13industrial establishments, recommendations of the board of regents and any special
14studies carried on as to the need for any changes in compensation and employee
15benefits to cover each year of the biennium. The proposal shall also take proper
16account of prevailing pay rates, costs and standards of living and the state's
17employment policies. The proposal for such pay adjustments may contain
18recommendations for across-the-board pay adjustments, merit or other
19adjustments and employee benefit improvements. Paragraph (b) and sub. (1) (bf)
20shall apply to the process for approval of all pay adjustments for such employees
21under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d). The proposal as approved
22by the joint committee on employment relations and the governor shall be based
23upon a percentage of the budgeted salary base for such employees under ss. 20.923
24(4g), (5) and (6) (m) and 230.08 (2) (d). The amount included in the proposal for merit

1and adjustments other than across-the-board pay adjustments is available for
2discretionary use by the board of regents.".
AB40-ASA1-AA1,113,4 3123. Page 1151, line 4: delete the material beginning with that line and
4ending with page 1152, line 4 and substitute:
AB40-ASA1-AA1,113,7 5" Section 2764dh. 230.12 (3) (e) 1. of the statutes, as affected by 2011
6Wisconsin Act 10
and 2011 Wisconsin Act .... (this act), is repealed and recreated to
7read:
AB40-ASA1-AA1,114,38 230.12 (3) (e) 1. The director, after receiving recommendations from the board
9of regents and the chancellor of the University of Wisconsin-Madison, shall submit
10to the joint committee on employment relations a proposal for adjusting
11compensation and employee benefits for University of Wisconsin System employees.
12The proposal shall be based upon the competitive ability of the board of regents to
13recruit and retain qualified faculty and academic staff, data collected as to rates of
14pay for comparable work in other public services, universities and commercial and
15industrial establishments, recommendations of the board of regents and any special
16studies carried on as to the need for any changes in compensation and employee
17benefits to cover each year of the biennium. The proposal shall also take proper
18account of prevailing pay rates, costs and standards of living and the state's
19employment policies. The proposal for such pay adjustments may contain
20recommendations for across-the-board pay adjustments, merit or other
21adjustments and employee benefit improvements. Paragraph (b) and sub. (1) (bf)
22shall apply to the process for approval of all pay adjustments for such employees. The
23proposal as approved by the joint committee on employment relations and the
24governor shall be based upon a percentage of the budgeted salary base for such

1employees. The amount included in the proposal for merit and adjustments other
2than across-the-board pay adjustments is available for discretionary use by the
3board of regents.".
AB40-ASA1-AA1,114,4 4124. Page 1152, line 13: after that line insert:
AB40-ASA1-AA1,114,5 5" Section 2764wb. 230.24 (4) of the statutes is created to read:
AB40-ASA1-AA1,114,96 230.24 (4) An appointing authority may reassign an employee in a career
7executive position to a career executive position in any agency if the appointing
8authority in the agency to which the employee is to be reassigned approves of the
9reassignment.
AB40-ASA1-AA1, s. 2764wd 10Section 2764wd. 230.29 (1) of the statutes is renumbered 230.29 and
11amended to read:
AB40-ASA1-AA1,114,13 12230.29 Transfers. Subject to sub. (2), a A transfer may be made from one
13position to another only if specifically authorized by the administrator.
AB40-ASA1-AA1, s. 2764wf 14Section 2764wf. 230.29 (2) of the statutes is repealed.".
AB40-ASA1-AA1,114,15 15125. Page 1153, line 9: delete lines 9 to 19 and substitute:
AB40-ASA1-AA1,114,16 16" Section 2766h. 230.34 (1) (ar) of the statutes is amended to read:
AB40-ASA1-AA1,115,217 230.34 (1) (ar) Paragraphs (a) and (am) apply to all employees with permanent
18status in class in the classified service and all employees who have served with the
19state as an assistant district attorney for a continuous period of 12 months or more,
20except that for employees specified in s. 111.81 (7) (a) in a collective bargaining unit
21for which a representative is recognized or certified, or for employees specified in s.
22111.81 (7) (b) or (c) in a collective bargaining unit for which a representative is
23certified, if a collective bargaining agreement is in effect covering employees in the
24collective bargaining unit, the determination of just cause and all aspects of the

1appeal procedure shall be governed by the provisions of the collective bargaining
2agreement
.
AB40-ASA1-AA1, s. 2766k 3Section 2766k. 230.34 (1) (ax) of the statutes is created to read:
AB40-ASA1-AA1,115,64 230.34 (1) (ax) 1. Notwithstanding pars. (a), (am), and (ar), during a state of
5emergency declared by the governor under s. 323.10, an appointing authority may
6discharge any employee who does any of the following:
AB40-ASA1-AA1,115,97 a. Fails to report to work as scheduled for any 3 working days during the state
8of emergency and the employee's absences from work are not approved leaves of
9absence.
AB40-ASA1-AA1,115,1210 b. Participates in a strike, work stoppage, sit-down, stay-in, slowdown, or
11other concerted activities to interrupt the operations or services of state government,
12including specifically participation in purported mass resignations or sick calls.
AB40-ASA1-AA1,115,1313 2. Engaging in any action under subd. 1. constitutes just cause for discharge.
AB40-ASA1-AA1,115,1714 3. Before discharging an employee, the appointing authority shall provide the
15employee notice of the action and shall furnish to the employee in writing the reasons
16for the action. The appointing authority shall provide the employee an opportunity
17to respond to the reasons for the discharge.
AB40-ASA1-AA1, s. 2766m 18Section 2766m. 230.35 (1s) of the statutes is amended to read:
AB40-ASA1-AA1,115,2519 230.35 (1s) Annual leave of absence with pay for instructional staff employed
20by the board of regents of the University of Wisconsin System who provide services
21for a charter school established by contract under s. 118.40 (2r) (cm) shall be
22determined by the governing board of the charter school established by contract
23under s. 118.40 (2r) (cm), as approved by the chancellor of the University of
24Wisconsin-Parkside and subject to the terms of any collective bargaining agreement
25under subch. V of ch. 111 covering the instructional staff
.
AB40-ASA1-AA1, s. 2766p
1Section 2766p. 230.35 (2d) (e) of the statutes is amended to read:
AB40-ASA1-AA1,116,52 230.35 (2d) (e) For employees who are included in a collective bargaining unit
3for which a representative is recognized or certified under subch. V or VI of ch. 111,
4this subsection shall apply unless otherwise provided in a collective bargaining
5agreement.
AB40-ASA1-AA1, s. 2766s 6Section 2766s. 230.35 (3) (e) 6. of the statutes is amended to read:
AB40-ASA1-AA1,116,107 230.35 (3) (e) 6. For employees who are included in a collective bargaining unit
8for which a representative is recognized or certified under subch. V or VI of ch. 111,
9this paragraph shall apply unless otherwise provided in a collective bargaining
10agreement.".
AB40-ASA1-AA1,116,11 11126. Page 1153, line 24: after that line insert:
AB40-ASA1-AA1,116,12 12" Section 2767p. 230.88 (2) (b) of the statutes is amended to read:
AB40-ASA1-AA1,116,2113 230.88 (2) (b) No collective bargaining agreement supersedes the rights of an
14employee under this subchapter. However, nothing in this subchapter affects any
15right of an employee to pursue a grievance procedure under a collective bargaining
16agreement under subch. V or VI of ch. 111, and if the division of equal rights
17determines that a grievance arising under such a collective bargaining agreement
18involves the same parties and matters as a complaint under s. 230.85, it shall order
19the arbitrator's final award on the merits conclusive as to the rights of the parties
20to the complaint, on those matters determined in the arbitration which were at issue
21and upon which the determination necessarily depended.".
AB40-ASA1-AA1,116,22 22127. Page 1158, line 15: after that line insert:
AB40-ASA1-AA1,116,23 23" Section 2795g. 233.02 (1) (h) of the statutes is repealed.
AB40-ASA1-AA1, s. 2795r 24Section 2795r. 233.02 (8) of the statutes is amended to read:
AB40-ASA1-AA1,117,9
1233.02 (8) The members of the board of directors shall annually elect a
2chairperson and may elect other officers as they consider appropriate. Eight voting
3members of the board of directors constitute a quorum for the purpose of conducting
4the business and exercising the powers of the authority, notwithstanding the
5existence of any vacancy. The members of the board of directors specified under sub.
6(1) (c) and (g) may not be the chairperson of the board of directors for purposes of 1995
7Wisconsin Act 27
, section 9159 (2). The board of directors may take action upon a vote
8of a majority of the members present, unless the bylaws of the authority require a
9larger number.
AB40-ASA1-AA1, s. 2796p 10Section 2796p. 233.03 (7) of the statutes is amended to read:
AB40-ASA1-AA1,117,1611 233.03 (7) Subject to s. 233.10 and ch. 40 and 1995 Wisconsin Act 27, section
129159 (4) and the duty to engage in collective bargaining with employees in a collective
13bargaining unit for which a representative is recognized or certified under subch. I
14of ch. 111
, employ any agent, employee or special advisor that the authority finds
15necessary and fix his or her compensation and provide any employee benefits,
16including an employee pension plan.
AB40-ASA1-AA1, s. 2798p 17Section 2798p. 233.04 (2) of the statutes is amended to read:
AB40-ASA1-AA1,117,1918 233.04 (2) Subject to subs. (4) to (4r) and s. 233.10, develop and implement a
19personnel structure and other employment policies for employees of the authority.
AB40-ASA1-AA1, s. 2799p 20Section 2799p. 233.04 (4) of the statutes is repealed.
AB40-ASA1-AA1, s. 2800p 21Section 2800p. 233.04 (4m) of the statutes is repealed.
AB40-ASA1-AA1, s. 2800s 22Section 2800s. 233.04 (4r) of the statutes is repealed.
AB40-ASA1-AA1, s. 2812br 23Section 2812br. 233.10 (1) of the statutes is amended to read:
AB40-ASA1-AA1,118,224 233.10 (1) Subject to s. 233.04 (4) to (4r) and 1995 Wisconsin Act 27, section
259159 (2) and (4), the
The authority shall employ such employees as it may require

1and shall determine the qualifications and duties of its employees. Appointments
2to and promotions in the authority shall be made according to merit and fitness.
AB40-ASA1-AA1, s. 2812cr 3Section 2812cr. 233.10 (2) (intro.) of the statutes is amended to read:
AB40-ASA1-AA1,118,74 233.10 (2) (intro.) Subject to subs. (3), (3m), (3r) and (3t) and ch. 40 and the duty
5to engage in collective bargaining with employees in a collective bargaining unit for
6which a representative is recognized or certified under subch. I of ch. 111
, the
7authority shall establish any of the following:
AB40-ASA1-AA1, s. 2812dr 8Section 2812dr. 233.10 (3) (a) (intro.) of the statutes is amended to read:
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