JR1 SB11: Bill Text

SB11,114,18 2. Engaging in any action under subd. 1. constitutes just cause for discharge.

SB11,114,22 3. Before discharging an employee, the appointing authority shall provide the employee notice of the action and shall furnish to the employee in writing the reasons for the action. The appointing authority shall provide the employee an opportunity to respond to the reasons for the discharge.

SB11, s. 345 Section 345. 230.35 (1s) of the statutes is amended to read:

SB11,115,5 230.35 (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.

SB11, s. 346 Section 346. 230.35 (2d) (e) of the statutes is amended to read:

SB11,115,10 230.35 (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.

SB11, s. 347 Section 347. 230.35 (3) (e) 6. of the statutes is amended to read:

SB11,115,15 230.35 (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.

SB11, s. 348 Section 348. 230.88 (2) (b) of the statutes is amended to read:

SB11,115,25 230.88 (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.

SB11, s. 349 Section 349. 233.02 (1) (h) of the statutes is repealed.

SB11, s. 350 Section 350. 233.02 (8) of the statutes is amended to read:

SB11,116,11 233.02 (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.

SB11, s. 351 Section 351. 233.03 (7) of the statutes is amended to read:

SB11,116,18 233.03 (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.

SB11, s. 352 Section 352. 233.04 (2) of the statutes is amended to read:

SB11,116,21 233.04 (2) Subject to subs. (4) to (4r) and s. 233.10, develop and implement a personnel structure and other employment policies for employees of the authority.

SB11, s. 353 Section 353. 233.04 (4) of the statutes is repealed.

SB11, s. 354 Section 354. 233.04 (4m) of the statutes is repealed.

SB11, s. 355 Section 355. 233.04 (4r) of the statutes is repealed.

SB11, s. 356 Section 356. 233.10 (1) of the statutes is amended to read:

SB11,117,4 233.10 (1) Subject to s. 233.04 (4) to (4r) and 1995 Wisconsin Act 27, section 9159 (2) and (4), the The authority shall employ such employees as it may require and shall determine the qualifications and duties of its employees. Appointments to and promotions in the authority shall be made according to merit and fitness.

SB11, s. 357 Section 357. 233.10 (2) (intro.) of the statutes is amended to read:

SB11,117,9 233.10 (2) (intro.) Subject to subs. (3), (3m), (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:

SB11, s. 358 Section 358. 233.10 (3) (a) (intro.) of the statutes is amended to read:

SB11,117,12 233.10 (3) (a) (intro.) In this subsection and subs. (3m) and sub. (4), "carry-over employee" means an employee of the authority who satisfies all of the following:

SB11, s. 359 Section 359. 233.10 (3) (b) of the statutes is repealed.

SB11, s. 360 Section 360. 233.10 (3) (c) (intro.) of the statutes is amended to read:

SB11,117,18 233.10 (3) (c) (intro.) If an employee of the authority is a carry-over employee and is an employee to whom par. (b) does not apply, the authority shall, when setting the terms of the carry-over employee's employment during the period beginning on June 29, 1996, and ending on June 30, 1997, do all of the following:

SB11, s. 361 Section 361. 233.10 (3) (d) of the statutes is amended to read:

SB11,117,24 233.10 (3) (d) If an employee of the authority is not a carry-over employee and is an employee to whom par. (b) does not apply, the authority shall, from June 29, 1996, to June 30, 1997, provide that employee the same rights, benefits and compensation provided to a carry-over employee under par. (c) who holds a position at the authority with similar duties.

SB11, s. 362 Section 362. 233.10 (3m) of the statutes is repealed.

SB11, s. 363 Section 363. 281.75 (4) (b) 3. of the statutes, as affected by 2011 Wisconsin Act .... (January 2011 Special Session Senate Bill 6), is amended to read:

SB11,118,4 281.75 (4) (b) 3. An authority created under subch. II of ch. 114 or ch. 52, 231, 233, 234, 237, or 238.

SB11, s. 364 Section 364. 285.59 (1) (b) of the statutes, as affected by 2011 Wisconsin Act .... (January 2011 Special Session Senate Bill 6), is amended to read:

SB11,118,16 285.59 (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.

SB11, s. 365 Section 365. 704.31 (3) of the statutes is amended to read:

SB11,118,20 704.31 (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.

SB11, s. 366 Section 366. 851.71 (4) of the statutes is amended to read:

SB11,119,2 851.71 (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.

SB11, s. 367 Section 367. 978.12 (1) (c) of the statutes is amended to read:

SB11,119,12 978.12 (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 s. 111.93 (3) (b), 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.

SB11, s. 368 Section 368. 2007 Wisconsin Act 20, section 9201 (1c) (a) is amended to read:

SB11,119,22 [2007 Wisconsin Act 20] Section 9201 (1c) (a) Notwithstanding sections 20.001 (3) (a) to (c) and 25.40 (3) of the statutes, but subject to paragraph (d), the secretary of administration shall lapse to the general fund or transfer to the general fund from the unencumbered balances of state operations appropriations to executive branch state agencies, other than sum sufficient appropriations and appropriations of federal revenues, an amount equal to $200,000,000 during the 2007-09 fiscal biennium and $200,000,000 $121,000,000 during the 2009-11 fiscal biennium. This paragraph shall not apply to appropriations to the Board of Regents of the University of Wisconsin System and to the technical college system board.

SB11, s. 369 Section 369. 2009 Wisconsin Act 28, section 9222 (1d) is repealed.

SB11, s. 9101 Section 9101. Nonstatutory provisions; Administration.

SB11,120,5 (1) Evaluation of staffing needs at the Wisconsin employment relations commission. The department of administration shall evaluate the staffing requirements of the Wisconsin employment relations commission and shall submit the report of the evaluation to the joint committee on finance under section 13.10 of the statutes.

SB11,120,6 (2) Position increases and decreases.

SB11,120,10 (a) The authorized FTE positions for the department of administration are decreased by 1.0 FED position, funded from the appropriation under section 20.505 (1) (pz) of the statutes, for the purpose for which the appropriation is made. The secretary of administration shall identify the position.

SB11,120,14 (b) The authorized FTE positions for the department of administration are decreased by 1.0 PR position, funded from the appropriation under section 20.505 (1) (kr) of the statutes, for the purpose for which the appropriation is made. The secretary of administration shall identify the position.

SB11,120,17 (c) The authorized FTE positions for the department of administration are increased by 1.0 PR position, funded from the appropriation under section 20.505 (1) (ka) of the statutes, to provide for an unclassified division administrator.

SB11,120,20 (d) The authorized FTE positions for the department of administration are increased by 1.0 PR position, funded from the appropriation under section 20.505 (1) (kr) of the statutes, to provide for an unclassified division administrator.

SB11,120,23 (e) The authorized FTE positions for the department of administration are increased by 1.0 PR position, funded from the appropriation under section 20.505 (5) (ka) of the statutes, to provide for an unclassified division administrator.

SB11, s. 9103 Section 9103. Nonstatutory provisions; Agriculture, Trade and Consumer Protection.

SB11,121,1 (1) Position increases and decreases.

SB11,121,6 (a) The authorized FTE positions for the department of agriculture, trade and consumer protection are decreased by 3.0 GPR positions, funded from the appropriation under section 20.115 (8) (a) of the statutes, for the purpose for which the appropriation is made. The secretary of administration shall identify the positions.

SB11,121,10 (b) The authorized FTE positions for the department of agriculture, trade and consumer protection are increased by 3.0 GPR positions, funded from the appropriation under section 20.115 (8) (a) of the statutes, to provide for additional unclassified division administrators.

SB11, s. 9108 Section 9108. Nonstatutory provisions; Children and Families.

SB11,121,12 (1) Position increases and decreases.

SB11,121,16 (a) The authorized FTE positions for the department of children and families are decreased by 1.0 PR position, funded from the appropriation under section 20.437 (3) (k) of the statutes, for the purpose for which the appropriation is made. The secretary of administration shall identify the position.

SB11,121,20 (b) The authorized FTE positions for the department of children and families are decreased by 1.85 GPR positions, funded from the appropriation under section 20.437 (3) (a) of the statutes, for the purpose for which the appropriation is made. The secretary of administration shall identify the positions.

SB11,121,24 (c) The authorized FTE positions for the department of children and families are decreased by 0.15 FED position, funded from the appropriation under section 20.437 (3) (n) of the statutes, for the purpose for which the appropriation is made. The secretary of administration shall identify the position.

SB11,122,3 (d) The authorized FTE positions for the department of children and families are increased by 1.0 PR position, funded from the appropriation under section 20.437 (3) (k) of the statutes, to provide for an unclassified division administrator.

SB11,122,7 (e) The authorized FTE positions for the department of children and families are increased by 1.85 GPR positions, funded from the appropriation under section 20.437 (3) (a) of the statutes, to provide for additional unclassified division administrators.

SB11,122,10 (f) The authorized FTE positions for the department of children and families are increased by 0.15 FED position, funded from the appropriation under section 20.437 (3) (n) of the statutes, to provide for an unclassified division administrator.

SB11, s. 9111 Section 9111. Nonstatutory provisions; Corrections.

SB11,122,12 (1) Position increases and decreases.

SB11,122,16 (a) The authorized FTE positions for the department of corrections are decreased by 3.0 GPR positions, funded from the appropriation under section 20.410 (1) (a) of the statutes, for the purpose for which the appropriation is made. The secretary of administration shall identify the positions.

SB11,122,19 (b) The authorized FTE positions for the department of corrections are increased by 3.0 GPR positions, funded from the appropriation under section 20.410 (1) (a) of the statutes, to provide for additional unclassified division administrators.

SB11, s. 9115 Section 9115. Nonstatutory provisions; Employee Trust Funds.

SB11,122,21 (1) State employee health care coverage.

SB11,122,24 (a) Notwithstanding section 40.05 (4) (ag) and (c) of the statutes, as affected by this act, beginning with health insurance premiums paid in April 2011, and ending with coverage for December 2011, all of the following shall apply:

SB11,123,9 1. Employees covered under section 40.05 (4) (ag) 2. of the statutes, as affected by this act, shall pay $84 a month for individual coverage and $208 a month for family coverage for health care coverage under any plan offered in the tier with the lowest employee premium cost under section 40.51 (6) of the statutes; $122 a month for individual coverage and $307 a month for family coverage for health care coverage under any plan offered in the tier with the next lowest employee premium cost under section 40.51 (6) of the statutes; and $226 a month for individual coverage and $567 a month for family coverage for health care coverage under any plan offered in the tier with the highest employee premium cost under section 40.51 (6) of the statutes.

SB11,123,12 2. Eligible employees covered under section 40.02 (25) (b) 2. of the statutes, as affected by this act, shall pay 50 percent of the amounts required for employees under subdivision 1.

SB11,123,16 3. Employees covered under section 40.05 (4) (ag) 1. of the statutes, as affected by this act, and craft employees, as defined in section 111.81 (4) of the statutes, and related nonrepresented employees shall pay the same amounts that they are required to pay on the day before the effective date of this subdivision.

SB11,123,20 (b) If an employer is unable to modify payroll procedures in sufficient time to collect employees' increased share of the premium costs for health care coverage under paragraph (a), the employer shall recover all amounts that employees owe for the increased share of premium costs before July 1, 2011.

SB11,124,10 (2) Employer and employee required contributions for 2011. Notwithstanding the employer and employee required contributions rates established for 2011 under section 40.05 (1) and (2), 2009 stats., beginning on the first day of the first pay period after March 13, 2011, the employee required contributions under section 40.05 (1) (a) of the statutes, as affected by this act, shall be in effect for the remainder of 2011, and the employer required contributions under section 40.05 (2) of the statutes shall be adjusted to reflect the increases in employee required contributions for the remainder of 2011. In addition, beginning on the first day of the first pay period after March 13, 2011, for the purpose of calculating employee required contributions, the benefit adjustment contribution established under section 40.05 (2m), 2009 stats., shall be treated as an employer required contribution for the remainder of 2011. If an employer is unable to modify payroll procedures in sufficient time to collect the increased employee required contributions before the first day of the first pay period after March 13, 2011, the employer shall recover all amounts that employees owe before July 1, 2011.

SB11,124,11 (3) Modifications to Wisconsin Retirement System.

SB11,124,16 (a) The secretary of administration, the director of the office of state employment relations, and the secretary of employee trust funds shall study the structure of the Wisconsin Retirement System and benefits provided under the Wisconsin Retirement System. The study shall specifically address the following issues:

SB11,124,18 1. Establishing a defined contribution plan as an option for participating employees, as defined in section 40.02 (46) of the statutes.

SB11,124,20 2. Establishing a vesting period of 1, 5, or 10 years for employer contributions under section 40.05 (2) of the statutes and for eligibility for retirement benefits.

SB11,124,22 3. Modifying the supplemental health insurance premium credit program under subchapter IX of chapter 40 of the statutes.

SB11,125,2 4. Permitting employees to not make employee required contributions under section 40.05 (1) (a) of the statutes and limiting retirement benefits for employees who do not make employee required contributions to a money purchase annuity calculated under section 40.23 (3) of the statutes.

SB11,125,5 (b) No later than June 30, 2012, the secretary of administration, the director of the office of state employment relations, and the secretary of employee trust funds shall report their findings and recommendations to the governor.

SB11,125,13 (4) Allocation of certain excess reserves in the public employee trust fund to reduce employer health insurance costs during 2011. Notwithstanding any action of the group insurance board under section 40.03 (6) (d) of the statutes, from reserve accounts established under section 20.515 (1) (r) of the statutes for group health insurance and pharmacy benefits for state employees, the secretary of employee trust funds shall allocate an amount equal to $28,000,000 to reduce employer costs for providing group health insurance for state employees for the period beginning on July 1, 2011, and ending on December 31, 2011.

SB11,125,17 (5) Agreements to modify group insurance coverage for state employees. Section 40.03 (6) (c) of the statutes shall not apply to any agreements entered into by the group insurance board to modify group insurance coverage for the 2012 and 2013 calendar years.

SB11,126,2 (6) Reductions in health care premium costs for health care coverage during 2012 calendar year. The group insurance board shall design health care coverage plans for the 2012 calendar year that, after adjusting for any inflationary increase in health benefit costs, as determined by the group insurance board, reduces the average premium cost of plans offered in the tier with the lowest employee premium cost under section 40.51 (6) of the statutes by at least 5 percent from the cost of such plans offered during the 2011 calendar year. The group insurance board shall include copayments in the health care coverage plans for the 2012 calendar year and may require health risk assessments for state employees and participation in wellness or disease management programs.

SB11,126,11 (7) Audit of dependent eligibility under benefit programs. If the department of employee trust funds determines that an audit of benefit programs administered by the department is necessary for the purpose of verifying the eligibility of dependents covered under the benefit programs, the department shall submit a written request to the secretary of administration to expend an amount not exceeding $700,000 from the appropriation account under section 20.515 (1) (w) of the statutes for the 2011-12 fiscal year to fund the cost of the audit. If the secretary of administration approves the request, the department of employee trust funds may proceed with the audit.

SB11, s. 9117 Section 9117. Nonstatutory provisions; Financial Institutions.