Amendment AA1-AA1-ASA1-AB40

AB40-ASA1-AA1-AA1,41,9 " Section 2409db. 111.70 (4) (p) of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1-AA1-AA1,41,15 111.70 (4) (p) Permissive subjects of collective bargaining; public safety and transit employees. A municipal employer is not required to bargain with public safety employees or transit employees on subjects reserved to management and direction of the governmental unit except insofar as the manner of exercise of such functions affects the wages, hours, and conditions of employment of the public safety employees or of the transit employees in a collective bargaining unit.

AB40-ASA1-AA1-AA1, s. 2409fg Section 2409fg. 111.70 (7m) (c) 1. a. of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1-AA1-AA1,41,25 111.70 (7m) (c) 1. a. Any labor organization that represents public safety employees or transit employees which violates sub. (4) (L) may not collect any dues under a collective bargaining agreement or under a fair-share agreement from any employee covered by either agreement for a period of one year. At the end of the period of suspension, any such agreement shall be reinstated unless the labor organization is no longer authorized to represent the public safety employees or transit employees covered by the collective bargaining agreement or fair-share agreement or the agreement is no longer in effect.

AB40-ASA1-AA1-AA1, s. 2409gr Section 2409gr. 111.70 (8) (a) of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1-AA1-AA1,42,7 111.70 (8) (a) This section, except sub. (4) (cg) and (cm), applies to law enforcement supervisors employed by a 1st class city. This section, except sub. (4) (cm) and (jm), applies to law enforcement supervisors employed by a county having a population of 500,000 or more. For purposes of such application, the terms "municipal employee" and "public safety employee" include such a supervisor.

AB40-ASA1-AA1-AA1, s. 2409hg Section 2409hg. 111.71 (2) of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1-AA1-AA1,43,18 111.71 (2) The commission shall assess and collect a filing fee for filing a complaint alleging that a prohibited practice has been committed under s. 111.70 (3). The commission shall assess and collect a filing fee for filing a request that the commission act as an arbitrator to resolve a dispute involving the interpretation or application of a collective bargaining agreement under s. 111.70 (4) (c) 2., (cg) 4., or (cm) 4. The commission shall assess and collect a filing fee for filing a request that the commission initiate fact-finding under s. 111.70 (4) (c) 3. The commission shall assess and collect a filing fee for filing a request that the commission act as a mediator under s. 111.70 (4) (c) 1., (cg) 3., or (cm) 3. The commission shall assess and collect a filing fee for filing a request that the commission initiate compulsory, final and binding arbitration under s. 111.70 (4) (cg) 6. or (jm) or 111.77 (3). For the performance of commission actions under ss. 111.70 (4) (c) 1., 2. and 3., (cg) 3., 4., and 6., (cm) 3. and 4., and (jm) and 111.77 (3), the commission shall require that the parties to the dispute equally share in the payment of the fee and, for the performance of commission actions involving a complaint alleging that a prohibited practice has been committed under s. 111.70 (3), the commission shall require that the party filing the complaint pay the entire fee. If any party has paid a filing fee requesting the commission to act as a mediator for a labor dispute and the parties do not enter into a voluntary settlement of the dispute, the commission may not subsequently assess or collect a filing fee to initiate fact-finding or arbitration to resolve the same labor dispute. If any request for the performance of commission actions concerns issues arising as a result of more than one unrelated event or occurrence, each such separate event or occurrence shall be treated as a separate request. The commission shall promulgate rules establishing a schedule of filing fees to be paid under this subsection. Fees required to be paid under this subsection shall be paid at the time of filing the complaint or the request for fact-finding, mediation or arbitration. A complaint or request for fact-finding, mediation or arbitration is not filed until the date such fee or fees are paid, except that the failure of the respondent party to pay the filing fee for having the commission initiate compulsory, final and binding arbitration under s. 111.70 (4) (cg) 6. or (jm) or 111.77 (3) may not prohibit the commission from initiating such arbitration. The commission may initiate collection proceedings against the respondent party for the payment of the filing fee. Fees collected under this subsection shall be credited to the appropriation account under s. 20.425 (1) (i).

AB40-ASA1-AA1-AA1, s. 2409hrm Section 2409hrm. 111.71 (4m) of the statutes is created to read:

AB40-ASA1-AA1-AA1,43,24 111.71 (4m) The commission shall collect on a systematic basis information on the operation of the arbitration law under s. 111.70 (4) (cg). The commission shall report on the operation of the law to the legislature on an annual basis. The report shall be submitted to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2).

AB40-ASA1-AA1-AA1, s. 2409igm Section 2409igm. 111.71 (5m) of the statutes is created to read:

AB40-ASA1-AA1-AA1,44,10 111.71 (5m) The commission shall, on a regular basis, provide training programs to prepare individuals for service as arbitrators or arbitration panel members under s. 111.70 (4) (cg). The commission shall engage in appropriate promotional and recruitment efforts to encourage participation in the training programs by individuals throughout the state, including at least 10 residents of each congressional district. The commission may also provide training programs to individuals and organizations on other aspects of collective bargaining, including on areas of management and labor cooperation directly or indirectly affecting collective bargaining. The commission may charge a reasonable fee for participation in the programs.".

AB40-ASA1-AA1-AA1,44,11 57s. Page 976, line 20: after that line insert:

AB40-ASA1-AA1-AA1,44,12 " Section 2409jn. 111.77 (9) of the statutes is amended to read:

AB40-ASA1-AA1-AA1,44,14 111.77 (9) Section 111.70 (4) (c) 3., (cg), and (cm) shall does not apply to employments covered by this section.".

AB40-ASA1-AA1-AA1,44,15 58. Page 982, line 19: after that line insert:

AB40-ASA1-AA1-AA1,44,17 " Section 2410oe. 111.83 (3) (b) of the statutes, as created by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1-AA1-AA1,45,12 111.83 (3) (b) Annually, no later than December 1, the commission shall conduct an election to certify the representative of a collective bargaining unit that contains a general employee. There shall be included on the ballot the names of all labor organizations having an interest in representing the general employees participating in the election. The commission may exclude from the ballot one who, at the time of the election, stands deprived of his or her rights under this subchapter by reason of a prior adjudication of his or her having engaged in an unfair labor practice. The commission shall certify any representative that receives at least 51 percent of the votes of all of the general employees in the collective bargaining unit. If no representative receives at least 51 percent of the votes of all of the general employees in the collective bargaining unit, at the expiration of the collective bargaining agreement, the commission shall decertify the current representative and the general employees shall be nonrepresented. Notwithstanding s. 111.82, if a representative is decertified under this paragraph, the affected general employees may not be included in a substantially similar collective bargaining unit for 12 months from the date of decertification. The commission's certification of the results of any election is conclusive unless reviewed as provided by s. 111.07 (8). The commission shall assess and collect a certification fee for each election conducted under this paragraph. Fees collected under this paragraph shall be credited to the appropriation account under s. 20.425 (1) (i).".

AB40-ASA1-AA1-AA1,45,13 59. Page 985, line 15: after that line insert:

AB40-ASA1-AA1-AA1,45,15 " Section 2425p. 111.91 (3) (b) 2. of the statutes, as created by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1-AA1-AA1,45,20 111.91 (3) (b) 2. If there is a decrease or no change in the consumer price index change, provides for any change in total base wages for authorized positions in the proposed collective bargaining agreement from the total base wages for authorized positions 180 days before the expiration of the previous collective bargaining agreement.".

AB40-ASA1-AA1-AA1,45,21 60. Page 989, line 6: delete lines 6 to 19.

AB40-ASA1-AA1-AA1,45,22 60g. Page 989, line 25: delete "568.9810" and substitute "560.9810".

AB40-ASA1-AA1-AA1,45,23 60i. Page 994, line 8: delete "118.60," and substitute "118.60 or".

AB40-ASA1-AA1-AA1,45,24 60k. Page 994, line 9: delete "s. 118.62, or in the program under".

AB40-ASA1-AA1-AA1,45,25 60m. Page 994, line 21: after that line insert:

AB40-ASA1-AA1-AA1,46,1 " Section 2476p. 118.134 (3) (a) of the statutes is amended to read:

AB40-ASA1-AA1-AA1,46,10 118.134 (3) (a) The state superintendent shall issue a decision and order within 45 days after the hearing. If the state superintendent finds that the use of the race-based nickname, logo, mascot, or team name does not promote discrimination, pupil harassment, or stereotyping, the state superintendent shall dismiss the complaint. Except as provided in par. pars. (b) and (d), if the state superintendent finds that the use of the race-based nickname, logo, mascot, or team name promotes discrimination, pupil harassment, or stereotyping, the state superintendent shall order the school board to terminate its use of the race-based nickname, logo, mascot, or team name within 12 months after issuance of the order.

AB40-ASA1-AA1-AA1, s. 2476r Section 2476r. 118.134 (3) (d) of the statutes is created to read:

AB40-ASA1-AA1-AA1,46,15 118.134 (3) (d) No school district required by a decision and order issued under this subsection on or before the effective date of this paragraph .... [LRB inserts date], to terminate the use of a race-based nickname, logo, mascot, or team name shall be required to comply with the terms of that decision and order until January 15, 2013.".

AB40-ASA1-AA1-AA1,46,16 60p. Page 995, line 14: delete lines 14 to 19.

AB40-ASA1-AA1-AA1,46,17 60s. Page 996, line 10: delete lines 10 to 24.

AB40-ASA1-AA1-AA1,46,18 60x. Page 997, line 4: delete that line and substitute "118.60,".

AB40-ASA1-AA1-AA1,46,19 61b. Page 997, line 5: delete "118.62,".

AB40-ASA1-AA1-AA1,46,20 61d. Page 997, line 11: delete that line and substitute "or".

AB40-ASA1-AA1-AA1,46,21 61f. Page 997, line 21: delete lines 21 to 24.

AB40-ASA1-AA1-AA1,46,22 61h. Page 998, line 12: delete lines 12 to 17.

AB40-ASA1-AA1-AA1,46,24 61L. Page 999, line 11: delete the material beginning with "The governing body" and ending with "2g." on line 14.

AB40-ASA1-AA1-AA1,47,2 61p. Page 999, line 15: delete the material beginning with that line and ending with page 1000, line 6.

AB40-ASA1-AA1-AA1,47,3 61r. Page 1005, line 10: delete "Definitions.".

AB40-ASA1-AA1-AA1,47,5 61t. Page 1005, line 10: delete "Racine parental choice program" and substitute "Parental choice programs for eligible school districts".

AB40-ASA1-AA1-AA1,47,6 61v. Page 1005, line 13: after that line insert:

AB40-ASA1-AA1-AA1,47,8 "(am) "Eligible school district" means a school district that satisfies all of the following:

AB40-ASA1-AA1-AA1,47,12 1. The school district's equalized value per member, as determined in accordance with s. 121.15 (4) on October 15 of the 2nd fiscal year of the current fiscal biennium for the distribution of equalization aid in that year, is no more than 80 percent of the statewide average.

AB40-ASA1-AA1-AA1,47,16 2. The school district's shared cost per member, as determined in accordance with s. 121.07 on October 15 of the 2nd fiscal year of the current fiscal biennium, for the distribution of aid in that year is no more than 91 percent of the statewide average.

AB40-ASA1-AA1-AA1,47,18 3. The school district is eligible, in the 2nd fiscal year of the current fiscal biennium, to receive aid under s. 121.136.

AB40-ASA1-AA1-AA1,47,19 4. The school district is located in whole or in part in a city of the 2nd class.".

AB40-ASA1-AA1-AA1,47,20 61w. Page 1006, line 5: after that line insert:

AB40-ASA1-AA1-AA1,48,2 "(1m) By November 15 of the 2nd fiscal year of each fiscal biennium, the department shall prepare a list that identifies eligible school districts. The department shall post the list on the department's Internet site and shall notify in writing the school district clerk of each eligible school district. A school district that qualifies as an eligible school district under this section remains an eligible school district.".

AB40-ASA1-AA1-AA1,48,3 61y. Page 1006, line 7: delete ", at no charge,".

AB40-ASA1-AA1-AA1,48,5 62m. Page 1006, line 7: delete "the Racine Unified School District" and substitute "an eligible school district".

AB40-ASA1-AA1-AA1,48,7 63m. Page 1007, line 9: delete the material beginning with "Racine" and ending with "District" on line 10 and substitute "an eligible school district".

AB40-ASA1-AA1-AA1,48,10 64m. Page 1007, line 22: delete "the 2011-12 school year" and substitute "an eligible school district identified under 2011 Wisconsin Act .... (this act), section 9137 (3u)".

AB40-ASA1-AA1-AA1,48,13 65b. Page 1008, line 10: delete ", 2011" and substitute "of the first school year that begins after a school district is identified as an eligible school district under sub. (1m) or 2011 Wisconsin Act .... (this act), section 9137 (3u)".

AB40-ASA1-AA1-AA1,48,14 65d. Page 1008, line 11: delete "July 1, 2011" and substitute "that July 1".

AB40-ASA1-AA1-AA1,48,15 65f. Page 1008, line 12: delete "July 1, 2011" and substitute "that July 1".

AB40-ASA1-AA1-AA1,48,18 65h. Page 1008, line 21: delete ", 2016" and substitute "of the 5th school year that begins after a school district is identified as an eligible school district under sub. (1m) or 2011 Wisconsin Act .... (this act), section 9137 (3u)".

AB40-ASA1-AA1-AA1,48,21 65i. Page 1009, line 10: delete "after August 31, 2012;" and substitute "in the first school year that begins after a school district is identified as an eligible school district under sub. (1m)".

AB40-ASA1-AA1-AA1,48,24 65L. Page 1010, line 3: delete "2011-12 school year" and substitute "first school year that begins after a school district is identified as an eligible school district under sub. (1m) or 2011 Wisconsin Act .... (this act), section 9137 (3u)".

AB40-ASA1-AA1-AA1,49,2 65m. Page 1010, line 6: delete "2010-11" and substitute "immediately preceding".

AB40-ASA1-AA1-AA1,49,5 65p. Page 1010, line 7: delete "2012-13 school year" and substitute "2nd school year that begins after a school district is identified as an eligible school district under sub. (1m) or 2011 Wisconsin Act .... (this act), section 9137 (3u)".

AB40-ASA1-AA1-AA1,49,7 65q. Page 1010, line 9: delete "2011-12 school year" and substitute "immediately preceding school year".

AB40-ASA1-AA1-AA1,49,9 65s. Page 1013, line 11: before "parent or guardian" insert "private school in which the pupil is enrolled on behalf of the pupil's".

AB40-ASA1-AA1-AA1,49,11 65t. Page 1015, line 11: delete "the Racine Unified School District" and substitute "an eligible school district".

AB40-ASA1-AA1-AA1,49,13 65v. Page 1015, line 13: delete "the Racine Unified School District" and substitute "an eligible school district".

AB40-ASA1-AA1-AA1,49,16 65w. Page 1020, line 6: delete the material beginning with "Racine" and ending with "District" on line 7 and substitute "eligible school district within which the pupils reside".

AB40-ASA1-AA1-AA1,49,18 65z. Page 1024, line 12: delete the material beginning with that line and ending with page 1045, line 18.

AB40-ASA1-AA1-AA1,49,20 66g. Page 1048, line 2: delete that line and substitute "3. and under s. 118.60 (7) (am) and (d) 2. and 3.".

AB40-ASA1-AA1-AA1,49,21 66m. Page 1048, line 3: delete that line.

AB40-ASA1-AA1-AA1,49,23 66p. Page 1051, line 23: before "parent or guardian" insert " private school in which the pupil is enrolled on behalf of the pupil's".

AB40-ASA1-AA1-AA1,49,24 66s. Page 1057, line 15: delete ", (bg),".

AB40-ASA1-AA1-AA1,49,25 66w. Page 1057, line 19: delete ", (bg),".

AB40-ASA1-AA1-AA1,50,1 66y. Page 1057, line 21: delete lines 21 to 24.

AB40-ASA1-AA1-AA1,50,2 67g. Page 1058, line 1: delete lines 1 and 2.

AB40-ASA1-AA1-AA1,50,4 67i. Page 1058, line 4: delete "the Racine Unified School District" and substitute "an eligible school district".

AB40-ASA1-AA1-AA1,50,7 67k. Page 1058, line 7: delete "2011-12 school year" and substitute "first school year that begins after a school district is identified as an eligible school district under s. 118.60 (1m) or 2011 Wisconsin Act .... (this act), section 9137 (3u),".

AB40-ASA1-AA1-AA1,50,8 67m. Page 1058, line 11: delete "(bg),".

AB40-ASA1-AA1-AA1,50,9 67p. Page 1059, line 3: delete lines 3 to 14.

AB40-ASA1-AA1-AA1,50,10 67r. Page 1060, line 1: delete ", and (4), and (8)" and substitute "(3), (4), and (8)".

AB40-ASA1-AA1-AA1,50,11 67t. Page 1060, line 9: delete "(3) and (4)" and substitute "(3), (4), and (8)".

AB40-ASA1-AA1-AA1,50,12 67v. Page 1063, line 1: delete "and (8) (q)" and substitute "and (q) and (8)".

AB40-ASA1-AA1-AA1,50,13 67y. Page 1063, line 8: delete that line and substitute:

AB40-ASA1-AA1-AA1,50,14 " Section 2603g. 121.91 (8) of the statutes is amended to read:

AB40-ASA1-AA1-AA1,51,2 121.91 (8) If a school district's initial revenue limit for the current school year, as calculated under s. 121.905 or sub. (2m), whichever is appropriate, before making any adjustments under sub. (3) or (4), is less than the amount determined by multiplying the amount under sub. (2m) (g) 1. or (h) 1. (i) 1. by the average of the number of pupils enrolled in the 3 preceding school years, the school district's initial revenue limit for the current school year, before making any adjustments under sub. (3) or (4), is the amount determined by multiplying the amount under sub. (2m) (g) 1. or (h) 1. (i) 1. by the average of the number of pupils enrolled in the 3 preceding school years. Any additional revenue received by a school district as a result of this subsection shall not be included in the base for determining the school district's limit under sub. (2m) for the following school year. This subsection does not apply to a school district's revenue limit calculated for the 2011-12 and 2012-13 school years.".

AB40-ASA1-AA1-AA1,51,4 68b. Page 1105, line 8: delete the material beginning with that line and ending with page 1109, line l9.

AB40-ASA1-AA1-AA1,51,6 68d. Page 1116, line 9: delete the material beginning with "Racine" and ending with "118.62," on line 10 and substitute " choice program under s. 118.60".

AB40-ASA1-AA1-AA1,51,8 68f. Page 1116, line 14: delete the material beginning with " Racine" and ending with "118.62," on line 15 and substitute " choice program under s. 118.60".

AB40-ASA1-AA1-AA1,51,9 68h. Page 1116, line 17: delete "are" and substitute "is".

AB40-ASA1-AA1-AA1,51,10 68j. Page 1116, line 17: delete "to 13.".