Amendment AA1-AA1-ASA1-AB40

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:

AB40-ASA1-AA1-AA1,26,6 111.70 (1) (a) "Collective bargaining" means the performance of the mutual obligation of a municipal employer, through its officers and agents, and the representative of its municipal employees in a collective bargaining unit, to meet and confer at reasonable times, in good faith, with the intention of reaching an agreement, or to resolve questions arising under such an agreement, with respect to wages, hours, and conditions of employment for public safety employees or transit employees and with respect to wages for general municipal employees, and with respect to a requirement of the municipal employer for a municipal employee to perform law enforcement and fire fighting services under s. 60.553, 61.66, or 62.13 (2e), except as provided in sub. (4) (mb) and (mc) and s. 40.81 (3) and except that a municipal employer shall not meet and confer with respect to any proposal to diminish or abridge the rights guaranteed to any public safety employees under ch. 164. Collective bargaining includes the reduction of any agreement reached to a written and signed document.

AB40-ASA1-AA1-AA1, s. 2406cg Section 2406cg. 111.70 (1) (f) of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1-AA1-AA1,26,14 111.70 (1) (f) "Fair-share agreement" means an agreement between a municipal employer and a labor organization that represents public safety employees or transit employees under which all or any of the public safety employees or transit employees in the collective bargaining unit are required to pay their proportionate share of the cost of the collective bargaining process and contract administration measured by the amount of dues uniformly required of all members.

AB40-ASA1-AA1-AA1, s. 2406cr Section 2406cr. 111.70 (1) (fm) of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1-AA1-AA1,26,18 111.70 (1) (fm) "General municipal employee" means a municipal employee who is not a public safety employee or a transit employee.

AB40-ASA1-AA1-AA1, s. 2406d Section 2406d. 111.70 (1) (mm) of the statutes, as created by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1-AA1-AA1,26,23 111.70 (1) (mm) "Public safety employee" means any municipal employee who is employed in a position that, on the effective date of this paragraph .... [LRB inserts date], is one of the following:

AB40-ASA1-AA1-AA1,26,24 1. Classified as a protective occupation participant under any of the following:

AB40-ASA1-AA1-AA1,26,25 a. Section 40.02 (48) (am) 9., 10., 13., 15., or 22.

AB40-ASA1-AA1-AA1,27,2 b. A provision that is comparable to a provision under subd. 1. a. that is in a county or city retirement system.

AB40-ASA1-AA1-AA1,27,4 2. An emergency medical service provider for the emergency medical services departments in Door and Waushara counties.

AB40-ASA1-AA1-AA1, s. 2406fg Section 2406fg. 111.70 (1) (n) of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1-AA1-AA1,27,10 111.70 (1) (n) "Referendum" means a proceeding conducted by the commission in which public safety employees or transit employees in a collective bargaining unit may cast a secret ballot on the question of authorizing a labor organization and the employer to continue a fair-share agreement.

AB40-ASA1-AA1-AA1, s. 2406gh Section 2406gh. 111.70 (1) (p) of the statutes is created to read:

AB40-ASA1-AA1-AA1,27,13 111.70 (1) (p) "Transit employee" means a municipal employee who is determined to be a transit employee under sub. (4) (bm).

AB40-ASA1-AA1-AA1, s. 2406hg Section 2406hg. 111.70 (2) of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1-AA1-AA1,28,18 111.70 (2) Rights of municipal employees. Municipal employees have the right of self-organization, and the right to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection. Municipal employees have the right to refrain from any and all such activities. A general municipal employee has the right to refrain from paying dues while remaining a member of a collective bargaining unit. A public safety employee or a transit employee, however, may be required to pay dues in the manner provided in a fair-share agreement; a fair-share agreement covering a public safety employee or a transit employee must contain a provision requiring the municipal employer to deduct the amount of dues as certified by the labor organization from the earnings of the employee affected by the fair-share agreement and to pay the amount deducted to the labor organization. A fair-share agreement covering a public safety employee or transit employee is subject to the right of the municipal employer or a labor organization to petition the commission to conduct a referendum. Such petition must be supported by proof that at least 30% of the employees in the collective bargaining unit desire that the fair-share agreement be terminated. Upon so finding, the commission shall conduct a referendum. If the continuation of the agreement is not supported by at least the majority of the eligible employees, it shall terminate. The commission shall declare any fair-share agreement suspended upon such conditions and for such time as the commission decides whenever it finds that the labor organization involved has refused on the basis of race, color, sexual orientation, creed, or sex to receive as a member any public safety employee or transit employee of the municipal employer in the bargaining unit involved, and such agreement is subject to this duty of the commission. Any of the parties to such agreement or any public safety employee or transit employee covered by the agreement may come before the commission, as provided in s. 111.07, and ask the performance of this duty.

AB40-ASA1-AA1-AA1, s. 2406hr Section 2406hr. 111.70 (3) (a) 3. of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1-AA1-AA1,28,24 111.70 (3) (a) 3. To encourage or discourage a membership in any labor organization by discrimination in regard to hiring, tenure, or other terms or conditions of employment; but the prohibition shall not apply to a fair-share agreement that covers public safety employees or transit employees.

AB40-ASA1-AA1-AA1, s. 2406ir Section 2406ir. 111.70 (3) (a) 5. of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1-AA1-AA1,29,11 111.70 (3) (a) 5. To violate any collective bargaining agreement previously agreed upon by the parties with respect to wages, hours and conditions of employment affecting public safety employees or transit employees, including an agreement to arbitrate questions arising as to the meaning or application of the terms of a collective bargaining agreement or to accept the terms of such arbitration award, where previously the parties have agreed to accept such award as final and binding upon them or to violate any collective bargaining agreement affecting general municipal employees, that was previously agreed upon by the parties with respect to wages.

AB40-ASA1-AA1-AA1, s. 2406pg Section 2406pg. 111.70 (3) (a) 6. of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1-AA1-AA1,29,20 111.70 (3) (a) 6. To deduct labor organization dues from the earnings of a public safety employee or a transit employee, unless the municipal employer has been presented with an individual order therefor, signed by the employee personally, and terminable by at least the end of any year of its life or earlier by the public safety employee or transit employee giving at least 30 days' written notice of such termination to the municipal employer and to the representative organization, except when a fair-share agreement is in effect.

AB40-ASA1-AA1-AA1, s. 2406prm Section 2406prm. 111.70 (3) (a) 7m. of the statutes is created to read:

AB40-ASA1-AA1-AA1,29,23 111.70 (3) (a) 7m. To refuse or otherwise fail to implement an arbitration decision lawfully made under sub. (4) (cg).

AB40-ASA1-AA1-AA1, s. 2406rg Section 2406rg. 111.70 (3) (a) 9. of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1-AA1-AA1,30,4 111.70 (3) (a) 9. If the collective bargaining unit contains a public safety employee or transit employee, after a collective bargaining agreement expires and before another collective bargaining agreement takes effect, to fail to follow any fair-share agreement in the expired collective bargaining agreement.

AB40-ASA1-AA1-AA1, s. 2406rrm Section 2406rrm. 111.70 (3) (b) 6m. of the statutes is created to read:

AB40-ASA1-AA1-AA1,30,7 111.70 (3) (b) 6m. To refuse or otherwise fail to implement an arbitration decision lawfully made under sub. (4) (cg).".

AB40-ASA1-AA1-AA1,30,8 57d. Page 975, line 9: before that line insert:

AB40-ASA1-AA1-AA1,30,9 " Section 2407bt. 111.70 (4) (bm) of the statutes is created to read:

AB40-ASA1-AA1-AA1,30,14 111.70 (4) (bm) Transit employee determination. The commission shall determine that any municipal employee is a transit employee if the commission determines that the municipal employer who employs the municipal employee would lose federal funding under 49 USC 5333 (b) if the municipal employee is not a transit employee.

AB40-ASA1-AA1-AA1, s. 2407dg Section 2407dg. 111.70 (4) (c) 2. of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1-AA1-AA1,30,21 111.70 (4) (c) 2. `Arbitration.' Parties to a dispute pertaining to the meaning or application of the terms of a written collective bargaining agreement involving a collective bargaining unit containing a public safety employee may agree in writing to have the commission or any other appropriate agency serve as arbitrator or may designate any other competent, impartial and disinterested person to so serve.

AB40-ASA1-AA1-AA1, s. 2407ep Section 2407ep. 111.70 (4) (cg) of the statutes is created to read:

AB40-ASA1-AA1-AA1,31,8 111.70 (4) (cg) Methods for peaceful settlement of disputes; transit employees. 1. `Notice of commencement of contract negotiations.' To advise the commission of the commencement of contract negotiations involving a collective bargaining unit containing transit employees, whenever either party requests the other to reopen negotiations under a binding collective bargaining agreement, or the parties otherwise commence negotiations if no collective bargaining agreement exists, the party requesting negotiations shall immediately notify the commission in writing. Upon failure of the requesting party to provide notice, the other party may provide notice to the commission. The notice shall specify the expiration date of the existing collective bargaining agreement, if any, and shall provide any additional information the commission may require on a form provided by the commission.

AB40-ASA1-AA1-AA1,31,16 2. `Presentation of initial proposals; open meetings.' The meetings between parties to a collective bargaining agreement or proposed collective bargaining agreement under this subchapter that involve a collective bargaining unit containing a transit employee and that are held to present initial bargaining proposals, along with supporting rationale, are open to the public. Each party shall submit its initial bargaining proposals to the other party in writing. Failure to comply with this subdivision does not invalidate a collective bargaining agreement under this subchapter.

AB40-ASA1-AA1-AA1,31,20 3. `Mediation.' The commission or its designee shall function as mediator in labor disputes involving transit employees upon request of one or both of the parties, or upon initiation of the commission. The function of the mediator is to encourage voluntary settlement by the parties. No mediator has the power of compulsion.