Amendment AA1-AA1-ASA1-AB40

AB40-ASA1-AA1-AA1,16,20 "52b. Page 482, line 14: after "employee" insert "or a nonrepresented managerial employee described in s. 111.70 (1) (mm) 2.".

AB40-ASA1-AA1-AA1,16,22 52m. Page 482, line 17: after "personnel" insert "or personnel described in s. 111.70 (1) (mm) 2.".

AB40-ASA1-AA1-AA1,16,24 52x. Page 483, line 4: after "employee" insert "or employee described in s. 111.70 (1) (mm) 2.".

AB40-ASA1-AA1-AA1,17,2 53b. Page 483, line 7: after "position" insert "or nonrepresented managerial position described in s. 111.70 (1) (mm) 2.".

AB40-ASA1-AA1-AA1,17,4 53d. Page 483, line 11: after "personnel" insert "or personnel described in s. 111.70 (1) (mm) 2.".

AB40-ASA1-AA1-AA1,17,5 53g. Page 483, line 13: after that line insert:

AB40-ASA1-AA1-AA1,17,7 " Section 1145rh. 40.05 (4) (ag) of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1-AA1-AA1,17,10 40.05 (4) (ag) Except as otherwise provided in a collective bargaining agreement under subch. V of ch. 111, the employer shall pay for its currently employed insured employees:

AB40-ASA1-AA1-AA1,17,14 1. For insured part-time employees other than employees specified in s. 40.02 (25) (b) 2., including those in project positions as defined in s. 230.27 (1), who are appointed to work less than 1,044 hours per year, an amount determined annually by the director of the office of state employment relations under par. (ah).

AB40-ASA1-AA1-AA1,17,18 2. For eligible employees not specified in subd. 1. and s. 40.02 (25) (b) 2., an amount not more than 88 percent of the average premium cost of plans offered in the tier with the lowest employee premium cost under s. 40.51 (6), as determined annually by the director of the office of state employment relations under par. (ah).

AB40-ASA1-AA1-AA1, s. 1145rm Section 1145rm. 40.05 (4) (ah) of the statutes is created to read:

AB40-ASA1-AA1-AA1,17,22 40.05 (4) (ah) Annually, the director of the office of state employment relations shall establish the amount that employees are required to pay for health insurance premiums in accordance with the maximum employer payments under par. (ag).".

AB40-ASA1-AA1-AA1,17,24 53i. Page 489, line 19: delete the material beginning with that line and ending with page 491, line 2, and substitute:

AB40-ASA1-AA1-AA1,18,2 " Section 1156ym. 40.51 (7) of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1-AA1-AA1,18,14 40.51 (7) (a) Any employer, other than the state, may offer to all of its employees a health care coverage plan through a program offered by the group insurance board. Notwithstanding sub. (2) and ss. 40.05 (4) and 40.52 (1), the department may by rule establish different eligibility standards or contribution requirements for such employees and employers and may by rule limit the categories of employers, other than the state, which may be included as participating employers under this subchapter. Beginning on January 1, 2012, except as otherwise provided in a collective bargaining agreement under subch. IV of ch. 111 and except as provided in par. (b), an employer may not offer a health care coverage plan to its employees under this subsection if the employer pays more than 88 percent of the average premium cost of plans offered in any tier with the lowest employee premium cost under this subsection.

AB40-ASA1-AA1-AA1,18,22 (b) 1. A municipal employer shall pay, on behalf of a nonrepresented law enforcement or fire fighting managerial employee or a nonrepresented managerial employee described in s. 111.70 (1) (mm) 2., who was initially employed by the municipal employer before the effective date of this subdivision .... [LRB inserts date], the same percentage under par. (a) that is paid by the municipal employer for represented law enforcement or fire fighting personnel or personnel described in s. 111.70 (1) (mm) 2. who were initially employed by the municipal employer before the effective date of this subdivision .... [LRB inserts date].

AB40-ASA1-AA1-AA1,19,8 2. A municipal employer shall pay, on behalf of a represented law enforcement or fire fighting employee, who was initially employed by the municipal employer before the effective date of this subdivision .... [LRB inserts date], and who on or after the effective date of this subdivision .... [LRB inserts date], became employed in a nonrepresented law enforcement or fire fighting managerial position with the same municipal employer, or a successor municipal employer in the event of a combined department that is created on or after the effective date of this subdivision .... [LRB inserts date], the same percentage under par. (a) that is paid by the municipal employer for represented law enforcement or fire fighting personnel who were initially employed by the municipal employer before the effective date of this subdivision .... [LRB inserts date].".

AB40-ASA1-AA1-AA1,19,10 53p. Page 567, line 4: after "statutes" insert ", as affected by 2011 Wisconsin Act 13,".

AB40-ASA1-AA1-AA1,19,12 53q. Page 567, line 8: delete that line and substitute "year 2009-10 and $43,664,200 in each fiscal year 2010-11.".

AB40-ASA1-AA1-AA1,19,14 53x. Page 624, line 11: delete ".... [LRB inserts date]" and substitute ".... [LRB inserts date]".

AB40-ASA1-AA1-AA1,19,16 54b. Page 634, line 25: delete the material beginning with that line and ending with page 635, line 13.

AB40-ASA1-AA1-AA1,19,17 54d. Page 638, line 4: after that line insert:

AB40-ASA1-AA1-AA1,19,18 " Section 1675n. 59.52 (30) of the statutes is created to read:

AB40-ASA1-AA1-AA1,19,23 59.52 (30) Limitation on performance of highway work. Notwithstanding ss. 66.0131, 66.0301, and 83.035, a county may not use its own workforce to perform a highway improvement project on a highway under the jurisdiction of another county or a municipality that is located in a different county unless one of the following applies:

AB40-ASA1-AA1-AA1,19,25 (a) A portion of the project lies within the county performing the work and no portion of the project extends beyond an adjoining county.

AB40-ASA1-AA1-AA1,20,2 (b) The project lies, wholly or in part, within a municipality that lies partially within the county performing the work.".

AB40-ASA1-AA1-AA1,20,3 54f. Page 644, line 6: after that line insert:

AB40-ASA1-AA1-AA1,20,4 " Section 1696m. 61.54 of the statutes is amended to read:

AB40-ASA1-AA1-AA1,20,9 61.54 Public works. All contracts for public construction shall be let by a village board in accordance with s. 62.15. The village board, or a person or body designated by the village board, shall exercise the powers and duties of the board of public works under s. 62.15. Section 62.15 applies to a village in the same manner as to a city.".

AB40-ASA1-AA1-AA1,20,10 54h. Page 651, line 14: after that line insert:

AB40-ASA1-AA1-AA1,20,11 " Section 1713m. 62.15 (1d) of the statutes is created to read:

AB40-ASA1-AA1-AA1,20,15 62.15 (1d) Limitation on highway work performed by a county. Notwithstanding ss. 66.0131, 66.0301, and 83.035, a city having a population of 5,000 or more may not have a highway improvement project performed by a county workforce except as provided under s. 86.31 (2) (b).".

AB40-ASA1-AA1-AA1,20,16 54j. Page 658, line 5: delete lines 5 to 13 and substitute:

AB40-ASA1-AA1-AA1,21,2 "66.0304 (11) (a) A commission may not authorize issue bonds to finance a capital improvement project in any state or territory of the United States unless a political subdivision within whose boundaries the project is to be located has approved the financing of the project. A commission may not authorize issue bonds to finance a capital improvement project in this state unless all of the political subdivisions within whose boundaries the project is to be located has approved the financing of the project. An approval under this paragraph may be made by the governing body of the political subdivision or, except for a 1st class city or a county in which a 1st class city is located, by the highest ranking executive or administrator of the political subdivision.

AB40-ASA1-AA1-AA1, s. 1720pm Section 1720pm. 66.0304 (11) (c) of the statutes is amended to read:

AB40-ASA1-AA1-AA1,21,8 66.0304 (11) (c) Any action brought to challenge the validity of the proposed issuance of a bond under this section, or the enforceability of a contract entered into under this section, must be commenced in circuit court within 30 days of the commission adopting a resolution authorizing the issuance of the bond or the execution of the contract.".

AB40-ASA1-AA1-AA1,21,9 54k. Page 658, line 17: after that line insert:

AB40-ASA1-AA1-AA1,21,11 " Section 1721g. 66.0506 of the statutes, as created by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1-AA1-AA1,21,17 66.0506 Referendum; increase in employee wages. (1) In this section, "local governmental unit" means any city, village, town, county, metropolitan sewerage district, long-term care district, transit authority under s. 59.58 (7) or 66.1039, local cultural arts district 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.

AB40-ASA1-AA1-AA1,22,3 (2) If any local governmental unit wishes to increase the total base wages of its general municipal employees, as defined in s. 111.70 (1) (fm), who are part of a collective bargaining unit under subch. IV of ch. 111, in an amount that exceeds the limit under s. 111.70 (4) (mb) 2., the governing body of the local governmental unit shall adopt a resolution to that effect. The resolution shall specify the amount by which the proposed total base wages increase will exceed the limit under s. 111.70 (4) (mb) 2. The resolution may not take effect unless it is approved in a referendum called for that purpose. The referendum shall occur in November for collective bargaining agreements that begin the following January 1. The results of a referendum apply to the total base wages only in the next collective bargaining agreement.

AB40-ASA1-AA1-AA1,22,9 (3) The referendum question shall be substantially as follows: "Shall the .... [general municipal employees] in the .... [local governmental unit] receive a total increase in wages from $....[current total base wages] to $....[proposed total base wages], which is a percentage wage increase that is .... [x] percent higher than the percent of the consumer price index increase, for a total percentage increase in wages of .... [x]?"".

AB40-ASA1-AA1-AA1,22,10 54m. Page 661, line 24: after that line insert:

AB40-ASA1-AA1-AA1,22,11 " Section 1725e. 66.0604 of the statutes is created to read:

AB40-ASA1-AA1-AA1,22,13 66.0604 Payment of employer contributions in retirement systems. (1) In this section, "local governmental unit" has the meaning given in s. 66.0131 (1) (a).

AB40-ASA1-AA1-AA1,22,17 (2) Annually, no later than December 31, each local governmental unit shall pay employer contributions into the retirement system in which its employees are participating employees an amount that is at least equal to all employee required contributions under that retirement system.".

AB40-ASA1-AA1-AA1,22,19 54p. Page 662, line 18: delete the material beginning with that line and ending with page 664, line 17.

AB40-ASA1-AA1-AA1,22,20 54r. Page 668, line 18: delete "regularly" and substitute " regularly".

AB40-ASA1-AA1-AA1,22,21 54t. Page 731, line 13: delete "and payment".

AB40-ASA1-AA1-AA1,22,22 54v. Page 731, line 19: substitute "credited to the" for " credited to the".

AB40-ASA1-AA1-AA1,22,24 54x. Page 731, line 20: delete that line and substitute "appropriation account under s. 20.285 (1) (gm) (k)".

AB40-ASA1-AA1-AA1,22,25 55b. Page 731, line 21: delete "System".

AB40-ASA1-AA1-AA1,23,1 55d. Page 731, line 24: delete "and payment".

AB40-ASA1-AA1-AA1,23,3 55f. Page 732, line 6: delete that line and substitute "(1) (gn) an amount equal to 50 percent shall be".

AB40-ASA1-AA1-AA1,23,5 55h. Page 732, line 7: delete "System," and substitute ", credited to the appropriation account under s. 20.285 (1) (k)".

AB40-ASA1-AA1-AA1,23,7 55L. Page 894, line 17: delete the material beginning with that line and ending with page 895, line 4.

AB40-ASA1-AA1-AA1,23,9 55p. Page 902, line 3: delete the material beginning with that line and ending with page 908, line 3.

AB40-ASA1-AA1-AA1,23,10 55s. Page 909, line 19: delete "568.9810" and substitute "560.9810".

AB40-ASA1-AA1-AA1,23,11 55v. Page 918, line 15: delete "568.9810" and substitute "560.9810".

AB40-ASA1-AA1-AA1,23,13 55x. Page 919, line 1: delete "department of commerce Wisconsin" and substitute "department of commerce administration.".

AB40-ASA1-AA1-AA1,23,14 56b. Page 919, line 2: delete that line.

AB40-ASA1-AA1-AA1,23,15 56d. Page 926, line 5: delete "$102,615,600" and substitute "$94,615,600".

AB40-ASA1-AA1-AA1,23,17 56g. Page 926, line 25: delete the material beginning with that line and ending with page 928, line 3, and substitute:

AB40-ASA1-AA1-AA1,23,18 " Section 2278em. 86.31 (2) (b) of the statutes is amended to read:

AB40-ASA1-AA1-AA1,24,2 86.31 (2) (b) Except as provided in par. (d), improvements for highway construction projects funded under the program shall be under contracts. Such contracts shall be awarded on the basis of competitive bids and shall be awarded to the lowest responsible bidder. If a city or village does not receive a responsible bid for an improvement, the city or village may contract with a county for the improvement. A Subject to s. 59.52 (30), a town may contract with a county for the improvement subject to the criteria and procedures promulgated as rules under sub. (6) (h).".

AB40-ASA1-AA1-AA1,24,3 56i. Page 928, line 10: delete lines 10 to 18.

AB40-ASA1-AA1-AA1,24,4 56k. Page 929, line 3: delete that line and substitute:

AB40-ASA1-AA1-AA1,24,5 " Section 2278o. 86.31 (6) (h) (intro.) of the statutes is amended to read:

AB40-ASA1-AA1-AA1,24,8 86.31 (6) (h) Criteria Subject to s. 59.52 (30), criteria and procedures for contracting with a county for a town road improvement that includes at least all of the following:".

AB40-ASA1-AA1-AA1,24,9 56L. Page 933, line 16: delete "credit pay" and substitute "credit".

AB40-ASA1-AA1-AA1,24,12 56n. Page 933, line 17: delete lines 17 and 18 and substitute "(a) 3. to the appropriation account under s. 20.285 (1) (hm) (k) for the University of Wisconsin-Extension".

AB40-ASA1-AA1-AA1,24,13 56p. Page 934, line 6: delete lines 6 to 10.

AB40-ASA1-AA1-AA1,24,14 56r. Page 951, line 6: delete "par." and substitute "sub.".

AB40-ASA1-AA1-AA1,24,15 56t. Page 958, line 16: delete "regularly" and substitute " regularly".

AB40-ASA1-AA1-AA1,24,16 56u. Page 962, line 1: delete "regularly" and substitute " regularly".

AB40-ASA1-AA1-AA1,24,17 56v. Page 970, line 14: delete lines 14 to 22.

AB40-ASA1-AA1-AA1,24,18 56w. Page 971, line 4: delete lines 4 to 14 and substitute:

AB40-ASA1-AA1-AA1,24,19 " Section 2403t. 108.04 (8) (b) of the statutes is created to read:

AB40-ASA1-AA1-AA1,24,21 108.04 (8) (b) 1. An employee's failure to accept an offer of work under par. (a) includes:

AB40-ASA1-AA1-AA1,24,23 a. The employee's refusal without good cause to take a test for illegal drugs given on behalf of the employer as a condition of employment; or

AB40-ASA1-AA1-AA1,24,25 b. The employer's withdrawal of or failure to extend an offer of work due to a positive test result.

AB40-ASA1-AA1-AA1,25,3 2. For purposes of this paragraph, a drug test shall not be found to be positive for illegal drugs unless the test was conducted and certified in a manner approved by the department.

AB40-ASA1-AA1-AA1,25,4 3. This paragraph applies only to the extent permitted by federal law.

AB40-ASA1-AA1-AA1, s. 2403u Section 2403u. 108.04 (13) (cm) of the statutes is created to read:

AB40-ASA1-AA1-AA1,25,8 108.04 (13) (cm) An employer shall report to the department an employee's positive drug test or refusal to take such a test under sub. (8) (b), as the department requires or approves.".

AB40-ASA1-AA1-AA1,25,9 56y. Page 971, line 14: after that line insert:

AB40-ASA1-AA1-AA1,25,10 " Section 2403x. 108.09 (4r) of the statutes is created to read:

AB40-ASA1-AA1-AA1,25,13 108.09 (4r) Departmental records relating to drug test information. The department shall retain drug test information obtained under s. 108.04 (13) (cm) for the purpose of determining eligibility for benefits.".

AB40-ASA1-AA1-AA1,25,15 57b. Page 973, line 21: delete the material beginning with that line and ending on page 975, line 8, and substitute:

AB40-ASA1-AA1-AA1,25,17 " Section 2405p. 111.70 (1) (a) of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read: