AB40-ASA1-AA1-AA1,19,823 2. A municipal employer shall pay, on behalf of a represented law enforcement
24or fire fighting employee, who was initially employed by the municipal employer
25before the effective date of this subdivision .... [LRB inserts date], and who on or after

1the effective date of this subdivision .... [LRB inserts date], became employed in a
2nonrepresented law enforcement or fire fighting managerial position with the same
3municipal employer, or a successor municipal employer in the event of a combined
4department that is created on or after the effective date of this subdivision .... [LRB
5inserts date], the same percentage under par. (a) that is paid by the municipal
6employer for represented law enforcement or fire fighting personnel who were
7initially employed by the municipal employer before the effective date of this
8subdivision .... [LRB inserts date].".
AB40-ASA1-AA1-AA1,19,109 53p. Page 567, line 4: after "statutes" insert ", as affected by 2011 Wisconsin
10Act 13
,".
AB40-ASA1-AA1-AA1,19,1211 53q. Page 567, line 8: delete that line and substitute "year 2009-10 and
12$43,664,200 in each fiscal year 2010-11.".
AB40-ASA1-AA1-AA1,19,1413 53x. Page 624, line 11: delete ".... [LRB inserts date]" and substitute ".... [LRB
14inserts date
]".
AB40-ASA1-AA1-AA1,19,1615 54b. Page 634, line 25: delete the material beginning with that line and ending
16with page 635, line 13.
AB40-ASA1-AA1-AA1,19,1717 54d. Page 638, line 4: after that line insert:
AB40-ASA1-AA1-AA1,19,18 18" Section 1675n. 59.52 (30) of the statutes is created to read:
AB40-ASA1-AA1-AA1,19,2319 59.52 (30) Limitation on performance of highway work. Notwithstanding ss.
2066.0131, 66.0301, and 83.035, a county may not use its own workforce to perform a
21highway improvement project on a highway under the jurisdiction of another county
22or a municipality that is located in a different county unless one of the following
23applies:
AB40-ASA1-AA1-AA1,19,2524 (a) A portion of the project lies within the county performing the work and no
25portion of the project extends beyond an adjoining county.
AB40-ASA1-AA1-AA1,20,2
1(b) The project lies, wholly or in part, within a municipality that lies partially
2within the county performing the work.".
AB40-ASA1-AA1-AA1,20,33 54f. Page 644, line 6: after that line insert:
AB40-ASA1-AA1-AA1,20,4 4" Section 1696m. 61.54 of the statutes is amended to read:
AB40-ASA1-AA1-AA1,20,9 561.54 Public works. All contracts for public construction shall be let by a
6village board in accordance with s. 62.15. The village board, or a person or body
7designated by the village board, shall exercise the powers and duties of the board of
8public works under s. 62.15. Section 62.15 applies to a village in the same manner
9as to a city.
".
AB40-ASA1-AA1-AA1,20,1010 54h. Page 651, line 14: after that line insert:
AB40-ASA1-AA1-AA1,20,11 11" Section 1713m. 62.15 (1d) of the statutes is created to read:
AB40-ASA1-AA1-AA1,20,1512 62.15 (1d) Limitation on highway work performed by a county.
13Notwithstanding ss. 66.0131, 66.0301, and 83.035, a city having a population of
145,000 or more may not have a highway improvement project performed by a county
15workforce except as provided under s. 86.31 (2) (b).".
AB40-ASA1-AA1-AA1,20,1616 54j. Page 658, line 5: delete lines 5 to 13 and substitute:
AB40-ASA1-AA1-AA1,21,2 17"66.0304 (11) (a) A commission may not authorize issue bonds to finance a
18capital improvement project in any state or territory of the United States unless a
19political subdivision within whose boundaries the project is to be located has
20approved the financing of the project. A commission may not authorize issue bonds
21to finance a capital improvement project in this state unless all of the political
22subdivisions within whose boundaries the project is to be located has approved the
23financing of the project. An approval under this paragraph may be made by the
24governing body of the political subdivision or, except for a 1st class city or a county

1in which a 1st class city is located, by the highest ranking executive or administrator
2of the political subdivision.
AB40-ASA1-AA1-AA1, s. 1720pm 3Section 1720pm. 66.0304 (11) (c) of the statutes is amended to read:
AB40-ASA1-AA1-AA1,21,84 66.0304 (11) (c) Any action brought to challenge the validity of the proposed
5issuance of a bond under this section, or the enforceability of a contract entered into
6under this section, must be commenced in circuit court within 30 days of the
7commission adopting a resolution authorizing the issuance of the bond or the
8execution of the contract.".
AB40-ASA1-AA1-AA1,21,99 54k. Page 658, line 17: after that line insert:
AB40-ASA1-AA1-AA1,21,11 10" Section 1721g. 66.0506 of the statutes, as created by 2011 Wisconsin Act 10,
11is repealed and recreated to read:
AB40-ASA1-AA1-AA1,21,17 1266.0506 Referendum; increase in employee wages. (1) In this section,
13"local governmental unit" means any city, village, town, county, metropolitan
14sewerage district, long-term care district, transit authority under s. 59.58 (7) or
1566.1039, local cultural arts district under subch. V of ch. 229, or any other political
16subdivision of the state, or instrumentality of one or more political subdivisions of
17the state.
AB40-ASA1-AA1-AA1,22,3 18(2) If any local governmental unit wishes to increase the total base wages of
19its general municipal employees, as defined in s. 111.70 (1) (fm), who are part of a
20collective bargaining unit under subch. IV of ch. 111, in an amount that exceeds the
21limit under s. 111.70 (4) (mb) 2., the governing body of the local governmental unit
22shall adopt a resolution to that effect. The resolution shall specify the amount by
23which the proposed total base wages increase will exceed the limit under s. 111.70
24(4) (mb) 2. The resolution may not take effect unless it is approved in a referendum
25called for that purpose. The referendum shall occur in November for collective

1bargaining agreements that begin the following January 1. The results of a
2referendum apply to the total base wages only in the next collective bargaining
3agreement.
AB40-ASA1-AA1-AA1,22,9 4(3) The referendum question shall be substantially as follows: "Shall the ....
5[general municipal employees] in the .... [local governmental unit] receive a total
6increase in wages from $....[current total base wages] to $....[proposed total base
7wages], which is a percentage wage increase that is .... [x] percent higher than the
8percent of the consumer price index increase, for a total percentage increase in wages
9of .... [x]?"".
AB40-ASA1-AA1-AA1,22,1010 54m. Page 661, line 24: after that line insert:
AB40-ASA1-AA1-AA1,22,11 11" Section 1725e. 66.0604 of the statutes is created to read:
AB40-ASA1-AA1-AA1,22,13 1266.0604 Payment of employer contributions in retirement systems. (1)
13In this section, "local governmental unit" has the meaning given in s. 66.0131 (1) (a).
AB40-ASA1-AA1-AA1,22,17 14(2) Annually, no later than December 31, each local governmental unit shall
15pay employer contributions into the retirement system in which its employees are
16participating employees an amount that is at least equal to all employee required
17contributions under that retirement system.".
AB40-ASA1-AA1-AA1,22,1918 54p. Page 662, line 18: delete the material beginning with that line and ending
19with page 664, line 17.
AB40-ASA1-AA1-AA1,22,2020 54r. Page 668, line 18: delete "regularly" and substitute " regularly".
AB40-ASA1-AA1-AA1,22,2121 54t. Page 731, line 13: delete "and payment".
AB40-ASA1-AA1-AA1,22,2222 54v. Page 731, line 19: substitute "credited to the" for " credited to the".
AB40-ASA1-AA1-AA1,22,2423 54x. Page 731, line 20: delete that line and substitute "appropriation account
24under s. 20.285 (1) (gm) (k)".
AB40-ASA1-AA1-AA1,22,2525 55b. Page 731, line 21: delete "System".
AB40-ASA1-AA1-AA1,23,1
155d. Page 731, line 24: delete "and payment".
AB40-ASA1-AA1-AA1,23,32 55f. Page 732, line 6: delete that line and substitute "(1) (gn) an amount equal
3to 50 percent shall be
".
AB40-ASA1-AA1-AA1,23,54 55h. Page 732, line 7: delete "System," and substitute ", credited to the
5appropriation account under s. 20.285 (1) (k)
".
AB40-ASA1-AA1-AA1,23,76 55L. Page 894, line 17: delete the material beginning with that line and ending
7with page 895, line 4.
AB40-ASA1-AA1-AA1,23,98 55p. Page 902, line 3: delete the material beginning with that line and ending
9with page 908, line 3.
AB40-ASA1-AA1-AA1,23,1010 55s. Page 909, line 19: delete "568.9810" and substitute "560.9810".
AB40-ASA1-AA1-AA1,23,1111 55v. Page 918, line 15: delete "568.9810" and substitute "560.9810".
AB40-ASA1-AA1-AA1,23,1312 55x. Page 919, line 1: delete "department of commerce Wisconsin" and
13substitute "department of commerce administration.".
AB40-ASA1-AA1-AA1,23,1414 56b. Page 919, line 2: delete that line.
AB40-ASA1-AA1-AA1,23,1515 56d. Page 926, line 5: delete "$102,615,600" and substitute "$94,615,600".
AB40-ASA1-AA1-AA1,23,1716 56g. Page 926, line 25: delete the material beginning with that line and ending
17with page 928, line 3, and substitute:
AB40-ASA1-AA1-AA1,23,18 18" Section 2278em. 86.31 (2) (b) of the statutes is amended to read:
AB40-ASA1-AA1-AA1,24,219 86.31 (2) (b) Except as provided in par. (d), improvements for highway
20construction projects funded under the program shall be under contracts. Such
21contracts shall be awarded on the basis of competitive bids and shall be awarded to
22the lowest responsible bidder. If a city or village does not receive a responsible bid
23for an improvement, the city or village may contract with a county for the
24improvement. A Subject to s. 59.52 (30), a town may contract with a county for the

1improvement subject to the criteria and procedures promulgated as rules under sub.
2(6) (h).".
AB40-ASA1-AA1-AA1,24,33 56i. Page 928, line 10: delete lines 10 to 18.
AB40-ASA1-AA1-AA1,24,44 56k. Page 929, line 3: delete that line and substitute:
AB40-ASA1-AA1-AA1,24,5 5" Section 2278o. 86.31 (6) (h) (intro.) of the statutes is amended to read:
AB40-ASA1-AA1-AA1,24,86 86.31 (6) (h) Criteria Subject to s. 59.52 (30), criteria and procedures for
7contracting with a county for a town road improvement that includes at least all of
8the following:".
AB40-ASA1-AA1-AA1,24,99 56L. Page 933, line 16: delete "credit pay" and substitute "credit".
AB40-ASA1-AA1-AA1,24,1210 56n. Page 933, line 17: delete lines 17 and 18 and substitute "(a) 3. to the
11appropriation account under s. 20.285 (1) (hm) (k) for the University of
12Wisconsin-Extension
".
AB40-ASA1-AA1-AA1,24,1313 56p. Page 934, line 6: delete lines 6 to 10.
AB40-ASA1-AA1-AA1,24,1414 56r. Page 951, line 6: delete "par." and substitute "sub.".
AB40-ASA1-AA1-AA1,24,1515 56t. Page 958, line 16: delete "regularly" and substitute " regularly".
AB40-ASA1-AA1-AA1,24,1616 56u. Page 962, line 1: delete "regularly" and substitute " regularly".
AB40-ASA1-AA1-AA1,24,1717 56v. Page 970, line 14: delete lines 14 to 22.
AB40-ASA1-AA1-AA1,24,1818 56w. Page 971, line 4: delete lines 4 to 14 and substitute:
AB40-ASA1-AA1-AA1,24,19 19" Section 2403t. 108.04 (8) (b) of the statutes is created to read:
AB40-ASA1-AA1-AA1,24,2120 108.04 (8) (b) 1. An employee's failure to accept an offer of work under par. (a)
21includes:
AB40-ASA1-AA1-AA1,24,2322 a. The employee's refusal without good cause to take a test for illegal drugs
23given on behalf of the employer as a condition of employment; or
AB40-ASA1-AA1-AA1,24,2524 b. The employer's withdrawal of or failure to extend an offer of work due to a
25positive test result.
AB40-ASA1-AA1-AA1,25,3
12. For purposes of this paragraph, a drug test shall not be found to be positive
2for illegal drugs unless the test was conducted and certified in a manner approved
3by the department.
AB40-ASA1-AA1-AA1,25,44 3. This paragraph applies only to the extent permitted by federal law.
AB40-ASA1-AA1-AA1, s. 2403u 5Section 2403u. 108.04 (13) (cm) of the statutes is created to read:
AB40-ASA1-AA1-AA1,25,86 108.04 (13) (cm) An employer shall report to the department an employee's
7positive drug test or refusal to take such a test under sub. (8) (b), as the department
8requires or approves.".
AB40-ASA1-AA1-AA1,25,99 56y. Page 971, line 14: after that line insert:
AB40-ASA1-AA1-AA1,25,10 10" Section 2403x. 108.09 (4r) of the statutes is created to read:
AB40-ASA1-AA1-AA1,25,1311 108.09 (4r) Departmental records relating to drug test information. The
12department shall retain drug test information obtained under s. 108.04 (13) (cm) for
13the purpose of determining eligibility for benefits.".
AB40-ASA1-AA1-AA1,25,1514 57b. Page 973, line 21: delete the material beginning with that line and ending
15on page 975, line 8, and substitute:
AB40-ASA1-AA1-AA1,25,17 16" Section 2405p. 111.70 (1) (a) of the statutes, as affected by 2011 Wisconsin
17Act 10
, is repealed and recreated to read:
AB40-ASA1-AA1-AA1,26,618 111.70 (1) (a) "Collective bargaining" means the performance of the mutual
19obligation of a municipal employer, through its officers and agents, and the
20representative of its municipal employees in a collective bargaining unit, to meet and
21confer at reasonable times, in good faith, with the intention of reaching an
22agreement, or to resolve questions arising under such an agreement, with respect to
23wages, hours, and conditions of employment for public safety employees or transit
24employees and with respect to wages for general municipal employees, and with
25respect to a requirement of the municipal employer for a municipal employee to

1perform law enforcement and fire fighting services under s. 60.553, 61.66, or 62.13
2(2e), except as provided in sub. (4) (mb) and (mc) and s. 40.81 (3) and except that a
3municipal employer shall not meet and confer with respect to any proposal to
4diminish or abridge the rights guaranteed to any public safety employees under ch.
5164. Collective bargaining includes the reduction of any agreement reached to a
6written and signed document.
AB40-ASA1-AA1-AA1, s. 2406cg 7Section 2406cg. 111.70 (1) (f) of the statutes, as affected by 2011 Wisconsin
8Act 10
, is repealed and recreated to read:
AB40-ASA1-AA1-AA1,26,149 111.70 (1) (f) "Fair-share agreement" means an agreement between a
10municipal employer and a labor organization that represents public safety
11employees or transit employees under which all or any of the public safety employees
12or transit employees in the collective bargaining unit are required to pay their
13proportionate share of the cost of the collective bargaining process and contract
14administration measured by the amount of dues uniformly required of all members.
AB40-ASA1-AA1-AA1, s. 2406cr 15Section 2406cr. 111.70 (1) (fm) of the statutes, as affected by 2011 Wisconsin
16Act 10
, is repealed and recreated to read:
AB40-ASA1-AA1-AA1,26,1817 111.70 (1) (fm) "General municipal employee" means a municipal employee
18who is not a public safety employee or a transit employee.
AB40-ASA1-AA1-AA1, s. 2406d 19Section 2406d. 111.70 (1) (mm) of the statutes, as created by 2011 Wisconsin
20Act 10
, is repealed and recreated to read:
AB40-ASA1-AA1-AA1,26,2321 111.70 (1) (mm) "Public safety employee" means any municipal employee who
22is employed in a position that, on the effective date of this paragraph .... [LRB inserts
23date], is one of the following:
AB40-ASA1-AA1-AA1,26,2424 1. Classified as a protective occupation participant under any of the following:
AB40-ASA1-AA1-AA1,26,2525 a. Section 40.02 (48) (am) 9., 10., 13., 15., or 22.
AB40-ASA1-AA1-AA1,27,2
1b. A provision that is comparable to a provision under subd. 1. a. that is in a
2county or city retirement system.
AB40-ASA1-AA1-AA1,27,43 2. An emergency medical service provider for the emergency medical services
4departments in Door and Waushara counties.
AB40-ASA1-AA1-AA1, s. 2406fg 5Section 2406fg. 111.70 (1) (n) of the statutes, as affected by 2011 Wisconsin
6Act 10
, is repealed and recreated to read:
AB40-ASA1-AA1-AA1,27,107 111.70 (1) (n) "Referendum" means a proceeding conducted by the commission
8in which public safety employees or transit employees in a collective bargaining unit
9may cast a secret ballot on the question of authorizing a labor organization and the
10employer to continue a fair-share agreement.
AB40-ASA1-AA1-AA1, s. 2406gh 11Section 2406gh. 111.70 (1) (p) of the statutes is created to read:
AB40-ASA1-AA1-AA1,27,1312 111.70 (1) (p) "Transit employee" means a municipal employee who is
13determined to be a transit employee under sub. (4) (bm).
AB40-ASA1-AA1-AA1, s. 2406hg 14Section 2406hg. 111.70 (2) of the statutes, as affected by 2011 Wisconsin Act
1510
, is repealed and recreated to read:
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