SB233: Bill Text

SB233,147,2 230.35 (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.

SB233, s. 276 Section 276. 230.35 (3) (e) 6. of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,147,8 230.35 (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.

SB233, s. 277 Section 277. 230.88 (2) (b) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,147,19 230.88 (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.

SB233, s. 278 Section 278. 233.02 (1) (h) of the statutes is created to read:

SB233,148,2 233.02 (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).

SB233, s. 279 Section 279. 233.02 (8) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,148,13 233.02 (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.

SB233, s. 280 Section 280. 233.03 (7) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,148,21 233.03 (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.

SB233, s. 281 Section 281. 233.10 (2) (intro.) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,149,2 233.10 (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:

SB233, s. 282 Section 282. 281.75 (4) (b) 3. of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,149,6 281.75 (4) (b) 3. An authority created under subch. II of ch. 114 or ch. 52, 231, 233, 234, 237, or 238.

SB233, s. 283 Section 283. 285.59 (1) (b) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,149,18 285.59 (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.

SB233, s. 284 Section 284. 704.31 (3) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,149,23 704.31 (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.

SB233, s. 285 Section 285. 851.71 (4) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,150,5 851.71 (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.

SB233, s. 286 Section 286. 904.085 (2) (a) of the statutes is amended to read:

SB233,150,12 904.085 (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.

SB233, s. 287 Section 287. 978.12 (1) (c) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB233,150,23 978.12 (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.

SB233, s. 288 Section 288. 2011 Wisconsin Act 10, section 9132 is repealed.

SB233, s. 289 Section 289. 2011 Wisconsin Act 10, section 9155 is repealed.

SB233, s. 290 Section 290. Initial applicability.

SB233,151,5 (1) This act 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 that contains provisions inconsistent with this act on the day on which the agreement expires or is terminated, extended, modified, or renewed, whichever occurs first.

SB233, s. 291 Section 291. Effective dates. This act takes effect on the day after publication, except as follows:

SB233,151,14 (1) The repeal of section 20.865 (1) (cm), (im), and (sm) of the statutes, the renumbering and amendment of sections 111.965, 111.999, and 111.9991 (1) of the statutes, the amendment of sections 111.98 (2) (a), 111.997 (intro.) and (1), and 111.998 (1) (b), (c), (d), (e), and (f) and (2) (intro.) of the statutes, the repeal and recreation of sections 16.705 (3) (intro.), 36.09 (1) (j), 111.815 (1) and (2), and 111.825 (3) and (4) of the statutes, and the creation of sections 111.965 (2m), 111.999 (2), and 111.9991 (1) (b) of the statutes take effect on July 1, 2013.

SB233,151,15 (End)