Amendment SA36-AB40

AB40-SA36,234 Section 234. 118.23 (5) of the statutes is created to read:

AB40-SA36,120,8 118.23 (5) A collective bargaining agreement may modify, waive, or replace any of the provisions of this section as they apply to teachers in the collective bargaining unit, but neither the employer nor the bargaining agent for the employees is required to bargain such modification, waiver, or replacement.

AB40-SA36,235 Section 235. 118.245 of the statutes is repealed.

AB40-SA36,236 Section 236. 118.40 (2r) (b) 3. a. of the statutes is amended to read:

AB40-SA36,120,17 118.40 (2r) (b) 3. a. Delegate to the governing board of the charter school the board of regents' authority to establish and adjust all compensation and fringe benefits of instructional staff, subject to the terms of any collective bargaining agreement under subch. V of ch. 111 that covers the instructional staff. In the absence of a collective bargaining agreement, the governing board may establish and adjust all compensation and fringe benefits of the instructional staff only with the approval of the chancellor of the University of Wisconsin-Parkside.

AB40-SA36,237 Section 237. 118.42 (3) (a) 4. of the statutes is amended to read:

AB40-SA36,120,20 118.42 (3) (a) 4. Implement changes in administrative and personnel structures that are consistent with applicable collective bargaining agreements.

AB40-SA36,238 Section 238. 118.42 (5) of the statutes is amended to read:

AB40-SA36,120,24 118.42 (5) Nothing in this section alters or otherwise affects the rights or remedies afforded school districts and school district employees under federal or state law or under the terms of any applicable collective bargaining agreement.

AB40-SA36,239 Section 239. 119.04 (1) of the statutes is amended to read:

AB40-SA36,121,10 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.363, 115.365 (3), 115.38 (2), 115.415, 115.445, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.255, 118.258, 118.291, 118.292, 118.293, 118.30 to 118.43, 118.46, 118.51, 118.52, 118.55, 120.12 (2m), (4m), (5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), and (38), 120.14, 120.21 (3), and 120.25 are applicable to a 1st class city school district and board.

AB40-SA36,240 Section 240. 120.12 (4m) of the statutes is repealed.

AB40-SA36,241 Section 241. 120.12 (15) of the statutes is amended to read:

AB40-SA36,121,19 120.12 (15) School hours. Establish rules scheduling the hours of a normal school day. The school board may differentiate between the various elementary and high school grades in scheduling the school day. The equivalent of 180 such days, as defined in s. 115.01 (10), shall be held during the school term. This subsection does not eliminate a school district's duty to bargain with the employee's collective bargaining representative over any calendaring proposal that is primarily related to wages, hours, or conditions of employment.

AB40-SA36,242 Section 242. 120.18 (1) (gm) of the statutes is amended to read:

AB40-SA36,122,12 120.18 (1) (gm) Payroll and related benefit costs for all school district employees in the previous school year. Payroll costs Costs for represented employees shall be based upon the costs of wages of any collective bargaining agreements covering such employees for the previous school year. If, as of the time specified by the department for filing the report, the school district has not entered into a collective bargaining agreement for any portion of the previous school year with the recognized or certified representative of any of its employees and the school district and the representative have been required to submit final offers under s. 111.70 (4) (cm) 6., increased costs of wages limited to the lower of the school district's offer or the representative's offer shall be reflected in the report shall be equal to the maximum wage expenditure that is subject to collective bargaining under s. 111.70 (4) (mb) 2. for the employees. The school district shall amend the annual report to reflect any change in such costs as a result of any collective bargaining agreement entered into award or settlement under s. 111.70 (4) (cm) 6. between the date of filing the report and October 1. Any such amendment shall be concurred in by the certified public accountant licensed or certified under ch. 442 certifying the school district audit.

AB40-SA36,243 Section 243. 230.01 (3) of the statutes is amended to read:

AB40-SA36,122,15 230.01 (3) Nothing in this chapter shall be construed to either infringe upon or supersede the rights guaranteed state employees under subch. V or VI of ch. 111.

AB40-SA36,244 Section 244. 230.03 (3) of the statutes is amended to read:

AB40-SA36,123,2 230.03 (3) "Agency" means any board, commission, committee, council, or department in state government or a unit thereof created by the constitution or statutes if such board, commission, committee, council, department, unit, or the head thereof, is authorized to appoint subordinate staff by the constitution or statute, except the Board of Regents of the University of Wisconsin System, a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 53, 231, 232, 233, 234, 237, 238, or 279. "Agency" does not mean any local unit of government or body within one or more local units of government that is created by law or by action of one or more local units of government.

AB40-SA36,245 Section 245. 230.046 (10) (a) of the statutes is amended to read:

AB40-SA36,123,5 230.046 (10) (a) Conduct off-the-job employee development and training programs relating to functions under this chapter or subch. V or VI of ch. 111.

AB40-SA36,246 Section 246. 230.10 (1) of the statutes is amended to read:

AB40-SA36,123,13 230.10 (1) Except as provided under sub. (2), the compensation plan provisions of s. 230.12 apply to all employees of the classified service. If an employee is covered under a collective bargaining agreement under subch. V of ch. 111, the compensation plan provisions of s. 230.12 apply to that employee, except for those provisions relating to matters that are subject to bargaining under a collective bargaining agreement that covers the employee, unless they are covered by a collective bargaining agreement under subch. V of ch. 111.

AB40-SA36,247 Section 247. 230.12 (3) (e) 1. of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB40-SA36,124,11 230.12 (3) (e) 1. The director, after receiving recommendations from the board of regents and the chancellor of the University of Wisconsin-Madison, shall submit to the joint committee on employment relations a proposal for adjusting compensation and employee benefits for University of Wisconsin System employees who are not included in a collective bargaining unit under subch. VI of ch. 111 for which a representative is certified. The proposal shall be based upon the competitive ability of the board of regents to recruit and retain qualified faculty and academic staff, data collected as to rates of pay for comparable work in other public services, universities and commercial and industrial establishments, recommendations of the board of regents and any special studies carried on as to the need for any changes in compensation and employee benefits to cover each year of the biennium. The proposal shall also take proper account of prevailing pay rates, costs and standards of living and the state's employment policies. The proposal for such pay adjustments may contain recommendations for across-the-board pay adjustments, merit or other adjustments and employee benefit improvements. Paragraph (b) and sub. (1) (bf) shall apply to the process for approval of all pay adjustments for University of Wisconsin System employees. The proposal as approved by the joint committee on employment relations and the governor shall be based upon a percentage of the budgeted salary base for University of Wisconsin System employees. The amount included in the proposal for merit and adjustments other than across-the-board pay adjustments is available for discretionary use by the board of regents.

AB40-SA36,248 Section 248. 230.34 (1) (ar) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB40-SA36,124,22 230.34 (1) (ar) Paragraphs (a) and (am) apply to all employees with permanent status in class in the classified service and all employees who have served with the state as an assistant district attorney for a continuous period of 12 months or more (ar), except that for employees specified in s. 111.81 (7) (a) in a collective bargaining unit for which a representative is recognized or certified, or for employees specified in s. 111.81 (7) (b) or (c) in a collective bargaining unit for which a representative is certified, if a collective bargaining agreement is in effect covering employees in the collective bargaining unit, the provisions of the collective bargaining agreement govern just cause and all aspects of the appeal procedure.

AB40-SA36,249 Section 249. 230.35 (1s) of the statutes is amended to read:

AB40-SA36,125,5 230.35 (1s) Annual leave of absence with pay for instructional staff employed by the board of regents of the University of Wisconsin System who provide services for a charter school established by contract under s. 118.40 (2r) (cm) shall be determined by the governing board of the charter school established by contract under s. 118.40 (2r) (cm), as approved by the chancellor of the University of Wisconsin-Parkside and subject to the terms of any collective bargaining agreement under subch. V of ch. 111 covering the instructional staff.

AB40-SA36,250 Section 250. 230.35 (2d) (e) of the statutes is amended to read:

AB40-SA36,125,10 230.35 (2d) (e) For employees who are included in a collective bargaining unit for which a representative is recognized or certified under subch. V or VI of ch. 111, this subsection shall apply unless otherwise provided in a collective bargaining agreement.

AB40-SA36,251 Section 251. 230.35 (3) (e) 6. of the statutes is amended to read:

AB40-SA36,125,15 230.35 (3) (e) 6. For employees who are included in a collective bargaining unit for which a representative is recognized or certified under subch. V or VI of ch. 111, this paragraph shall apply unless otherwise provided in a collective bargaining agreement.

AB40-SA36,252 Section 252. 230.88 (2) (b) of the statutes is amended to read:

AB40-SA36,125,25 230.88 (2) (b) No collective bargaining agreement supersedes the rights of an employee under this subchapter. However, nothing in this subchapter affects any right of an employee to pursue a grievance procedure under a collective bargaining agreement under subch. V or VI of ch. 111, and if the division of equal rights determines that a grievance arising under such a collective bargaining agreement involves the same parties and matters as a complaint under s. 230.85, it shall order the arbitrator's final award on the merits conclusive as to the rights of the parties to the complaint, on those matters determined in the arbitration which were at issue and upon which the determination necessarily depended.

AB40-SA36,253 Section 253. 233.02 (1) (h) of the statutes is created to read:

AB40-SA36,126,7 233.02 (1) (h) Two nonvoting members appointed by the governor, one of whom shall be an employee or a representative of a labor organization recognized or certified to represent employees in one of the collective bargaining units specified in s. 111.05 (5) (a) and one of whom shall be an employee or a representative of a labor organization recognized or certified to represent employees in one of the collective bargaining units specified in s. 111.825 (1m).

AB40-SA36,254 Section 254. 233.02 (8) of the statutes is amended to read:

AB40-SA36,126,17 233.02 (8) The members of the board of directors shall annually elect a chairperson and may elect other officers as they consider appropriate. Eight voting members of the board of directors constitute a quorum for the purpose of conducting the business and exercising the powers of the authority, notwithstanding the existence of any vacancy. The members of the board of directors specified under sub. (1) (c) and (g) may not be the chairperson of the board of directors for purposes of 1995 Wisconsin Act 27, section 9159 (2). The board of directors may take action upon a vote of a majority of the members present, unless the bylaws of the authority require a larger number.

AB40-SA36,255 Section 255. 233.03 (7) of the statutes is amended to read:

AB40-SA36,126,24 233.03 (7) Subject to s. 233.10 and ch. 40 and 1995 Wisconsin Act 27, section 9159 (4) and the duty to engage in collective bargaining with employees in a collective bargaining unit for which a representative is recognized or certified under subch. I of ch. 111, employ any agent, employee or special advisor that the authority finds necessary and fix his or her compensation and provide any employee benefits, including an employee pension plan.

AB40-SA36,256 Section 256. 233.10 (2) (intro.) of the statutes is amended to read:

AB40-SA36,127,4 233.10 (2) (intro.) Subject to subs. (3), (3r), and (3t) and ch. 40 and the duty to engage in collective bargaining with employees in a collective bargaining unit for which a representative is recognized or certified under subch. I of ch. 111, the authority shall establish any of the following:

AB40-SA36,257 Section 257. 281.75 (4) (b) 3. of the statutes is amended to read:

AB40-SA36,127,7 281.75 (4) (b) 3. An authority created under subch. II of ch. 114 or ch. 52, 231, 233, 234, 237, or 238.

AB40-SA36,258 Section 258. 285.59 (1) (b) of the statutes is amended to read:

AB40-SA36,127,18 285.59 (1) (b) "State agency" means any office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, the Wisconsin Housing and Economic Development Authority, the Bradley Center Sports and Entertainment Corporation, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, and the Wisconsin Health and Educational Facilities Authority.

AB40-SA36,259 Section 259. 704.31 (3) of the statutes is amended to read:

AB40-SA36,127,22 704.31 (3) This section does not apply to a lease to which a local professional baseball park district created under subch. III of ch. 229, the Wisconsin Quality Home Care Authority, or the Fox River Navigational System Authority is a party.

AB40-SA36,260 Section 260. 851.71 (4) of the statutes is amended to read:

AB40-SA36,128,3 851.71 (4) In counties having a population of 500,000 or more, the appointment under subs. (1) and (2) shall be made as provided in those subsections but the judges shall not remove the register in probate and deputy registers, except through charges for dismissal made and sustained under s. 63.10 or an applicable collective bargaining agreement.

AB40-SA36,261 Section 261. 904.085 (2) (a) of the statutes is amended to read:

AB40-SA36,128,10 904.085 (2) (a) "Mediation" means mediation under s. 93.50 (3), conciliation under s. 111.54, mediation under s. 111.11, 111.70 (4) (cg) or (cm) 3. or 111.87, mediation under s. 115.797, negotiation under s. 289.33 (9), mediation under ch. 655 or s. 767.405, or any similar statutory, contractual or court-referred process facilitating the voluntary resolution of disputes. "Mediation" does not include binding arbitration or appraisal.

AB40-SA36,262 Section 262. 978.12 (1) (c) of the statutes is amended to read:

AB40-SA36,128,20 978.12 (1) (c) Assistant district attorneys. Assistant district attorneys shall be employed outside the classified service. For purposes of salary administration, the director of the office of state employment relations shall establish one or more classifications for assistant district attorneys in accordance with the classification or classifications allocated to assistant attorneys general. Except as provided in ss. 111.93 (3) (b) and 230.12 (10), the salaries of assistant district attorneys shall be established and adjusted in accordance with the state compensation plan for assistant attorneys general whose positions are allocated to the classification or classifications established by the director of the office of state employment relations.

AB40-SA36,263 Section 263. 2011 Wisconsin Act 10, section 9132 is repealed.

AB40-SA36,264 Section 264. 2011 Wisconsin Act 10, section 9155 is repealed.".

AB40-SA36,128,23 2. Page 1362, line 9: after that line insert:

AB40-SA36,129,6 "(1h) Public sector collective bargaining. All material inserted into 2013 Assembly Bill 40, as shown by Assembly Substitute Amendment 1, under item 1. of LRBb0722/1 first applies to an employee who is covered by a collective bargaining agreement under subchapter I, IV, or V of chapter 111 of the statutes on the day on which the agreement expires, or is terminated, extended, modified, or renewed, whichever comes first.".

AB40-SA36,129,7 (End)