Amendment SA36-AB40

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)