SB427: Bill Text

(2) Sick leave accumulation shall be determined in accordance with rules of the department, any collective bargaining agreement under subch. V of ch. 111, and ss. 13.121 (4), 36.30, 49.825 (4) (d) and (5) (d), 49.826 (4) (d), 230.35 (2), 233.10, 238.04 (8), 757.02 (5) and 978.12 (3).

SB427,22 Section 22. 41.57 (5) (title) of the statutes, as affected by 2011 Wisconsin Act 32, is repealed.

Note: See the next section of this bill.

SB427,23 Section 23. 41.57 (5) (intro.), (c) and (d) of the statutes, as affected by 2011 Wisconsin Act 32, sections 1224, 1227 and 1228, are renumbered 41.57 (intro.), (1) and (2).

Note: Section 41.57, as affected by 2011 Wis. Act 32, does not have multiple subsections and sub. (5) does not have paragraphs (a) and (b). See also Section 76 and the previous section of this bill.

SB427,24 Section 24. 62.50 (13) of the statutes is amended to read:

SB427,12,7 62.50 (13) Notice of discharge or suspension; appeals. The chief discharging or suspending for a period exceeding 5 days any member of the force shall give written notice of the discharge or suspension to the member and, at the same time that the notice is given, and shall also give the member any exculpatory evidence in the chief's possession related to the discharge or suspension. The chief shall also immediately report the notice of the discharge or suspension to the secretary of the board of fire and police commissioners together with a complaint setting forth the reasons for the discharge or suspension and the name of the complainant if other than the chief. Within 10 days after the date of service of the notice of a discharge or suspension order the members so discharged or suspended may appeal from the order of discharge or suspension or discipline to the board of fire and police commissioners, by filing with the board a notice of appeal in the following or similar form:

SB427,12,8 To the honorable board of fire and police commissioners:

SB427,12,11 Please take notice that I appeal from the order or decision of the chief of the .... department, discharging (or suspending) me from service, which order of discharge (or suspension) was made on the .... day of ...., .... (year).

Note: Deletes repeated "and" and creates a title. All the other subsections in this section have titles.

SB427,25 Section 25. 66.0506 (1) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB427,12,18 66.0506 (1) In this section, "local governmental unit" means any city, village, town, county, metropolitan sewerage district, long-term care district, transit authority under s. 59.58 (7) or 66.1039, local cultural arts district under subch. V of ch. 229, or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state.

Note: Sections 59.58 (7) and 66.1039 were repealed by 2011 Wis. Act 32.

SB427,26 Section 26. 71.28 (1dm) (k) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB427,13,5 71.28 (1dm) (k) If a person who is entitled under s. 238.395 (3) (a) 4. or s. 560.795 (3) (a) 4., 2009 stats., to claim tax benefits or certified under s. 238.395 (5), 239.398 238.398 (3), or 238.3995 (4) or s. 560.795 (5), 2009 stats., s. 560.798 (3), 2009 stats., or s. 560.7995 (4), 2009 stats., ceases business operations in the development zone during any of the taxable years that that zone exists, that person may not carry over to any taxable year following the year during which operations cease any unused credits from the taxable year during which operations cease or from previous taxable years.

Note: Corrects cross-reference. There is no s. 239.398. Section 238.398 (3) was renumbered from s. 560.798 (3) by 2011 Wis. Act 32.

SB427,27 Section 27. 79.043 (title) of the statutes is repealed.

Note: All provisions of s. 79.043 were renumbered or repealed by 2011 Wis. Act 32.

SB427,28 Section 28. 93.42 (1) of the statutes, as affected by 2011 Wisconsin Act 32, is renumbered 93.42.

Note: Following the repeal of s. 93.42 (3) by 2011 Wis. Act 32, this provision no longer has multiple subsections.

SB427,29 Section 29. 103.50 (2m) (b) 1. of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB427,13,15 103.50 (2m) (b) 1. The laborer, worker, mechanic or truck driver is employed to go to the source of mineral aggregate such as sand, gravel or stone and deliver that mineral aggregate to the site of a project that is subject to this section by depositing the material directly in final place, from the transporting the vehicle or through spreaders from the transporting vehicle.

Note: Makes the phrase "the transporting vehicle" inserted by 2011 Wis. Act 32 consistent with the previously existing "the transporting vehicle."

SB427,30 Section 30. 111.70 (1) (j) of the statutes, as affected by 2011 Wisconsin Act 10, is amended to read:

SB427,14,4 111.70 (1) (j) "Municipal employer" means any city, county, village, town, metropolitan sewerage district, school district, long-term care district, transit authority under s. 59.58 (7) or 66.1039, local cultural arts district created under subch. V of ch. 229, or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state, that engages the services of an employee and includes any person acting on behalf of a municipal employer within the scope of the person's authority, express or implied.

Note: Sections 59.58 (7) and 66.1039 were repealed by 2011 Wis. Act 32.

SB427,31 Section 31. 111.70 (4) (cg) 6. am. of the statutes, as created by 2011 Wisconsin Act 32, is amended to read:

SB427,15,21 111.70 (4) (cg) 6. am. Upon receipt of a petition under subd. 6. a. to initiate arbitration, the commission shall determine, with or without a formal hearing, whether arbitration should be commenced. If in determining whether an impasse exists the commission finds that the procedures under this paragraph have not been complied with and compliance would tend to result in a settlement, it may order compliance before ordering arbitration. The validity of any arbitration award or collective bargaining agreement is not affected by failure to comply with the procedures. Prior to the close of the investigation each party shall submit in writing to the commission its single final offer containing its final proposals on all issues in dispute that are subject to interest arbitration under this subdivision. If a party fails to submit a single, ultimate final offer, the commission shall use the last written position of the party. Such final offers may include only mandatory subjects of bargaining, except that a permissive subject of bargaining may be included by a party if the other party does not object and is then treated as a mandatory subject. At that time, the parties shall submit to the commission a stipulation, in writing, with respect to all matters that they agree to include in the new or amended collective bargaining agreement. The commission, after determining that arbitration should be commenced, shall issue an order requiring arbitration and immediately submit to the parties a list of 7 arbitrators. The parties shall alternately strike names from the list until one name is left and that person shall be appointed arbitrator. The petitioning party shall notify the commission in writing of the identity of the arbitrator. The commission shall then formally appoint the arbitrator and submit to him or her the final offers of the parties. The final offers are public documents and the commission shall make them available. In lieu of a single arbitrator and upon request of both parties, the commission shall appoint a tripartite arbitration panel consisting of one member selected by each of the parties and a neutral person designated by the commission who shall serve as a chairperson. An arbitration panel has the same powers and duties provided in this section as any other appointed arbitrator, and all arbitration decisions by a panel shall be determined by majority vote. In lieu of selection of the arbitrator by the parties and upon request of both parties, the commission shall establish a procedure for randomly selecting names of arbitrators. Under the procedure, the commission shall submit a list of 7 arbitrators to the parties. Each party shall strike one name from the list. From the remaining 5 names, the commission shall randomly appoint an arbitrator. Unless both parties to an arbitration proceeding otherwise agree in writing, every individual whose name is submitted by the commission for appointment as an arbitrator must be a resident of this state at the time of submission and every individual who is designated as an arbitration panel chairperson must be a resident of this state at the time of designation.

Note: Inserts missing word.

SB427,32 Section 32. 111.81 (15) of the statutes is repealed.

Note: Section 111.81 (15) defines "professional employee" in subchapter V of Chapter 111, but the term does not appear in subchapter V.

SB427,33 Section 33. 111.815 (1) of the statutes, as affected by 2011 Wisconsin Acts 10 and 32, is amended to read:

SB427,16,22 111.815 (1) In the furtherance of this subchapter, the state shall be considered as a single employer and employment relations policies and practices throughout the state service shall be as consistent as practicable. The office shall negotiate and administer collective bargaining agreements. To coordinate the employer position in the negotiation of agreements, the office shall maintain close liaison with the legislature relative to the negotiation of agreements and the fiscal ramifications of those agreements. Except with respect to the collective bargaining unit units specified in s. 111.825 (1r), and (1t),, the office is responsible for the employer functions of the executive branch under this subchapter, and shall coordinate its collective bargaining activities with operating state agencies on matters of agency concern. The legislative branch shall act upon those portions of tentative agreements negotiated by the office that require legislative action. With respect to the collective bargaining units specified in s. 111.825 (1r), the Board of Regents of the University of Wisconsin System is responsible for the employer functions under this subchapter. With respect to the collective bargaining units specified in s. 111.825 (1t), the chancellor of the University of Wisconsin-Madison is responsible for the employer functions under this subchapter. With respect to the collective bargaining unit specified in s. 111.825 (1r) (ef), the governing board of the charter school established by contract under s. 118.40 (2r) (cm) is responsible for the employer functions under this subchapter.

Note: Removes unnecessary commas, adds "and" to correct grammar, and changes a singular word form to the plural for sentence agreement.

SB427,34 Section 34. 111.815 (2) of the statutes, as affected by 2011 Wisconsin Acts 10 and 32, is amended to read:

SB427,17,8 111.815 (2) The director of the office shall, together with the appointing authorities or their representatives, represent the state in its responsibility as an employer under this subchapter except with respect to negotiations in the collective bargaining unit units specified in s. 111.825 (1r), and (1t),. The director of the office shall establish and maintain, wherever practicable, consistent employment relations policies and practices throughout the state service.

Note: Removes unnecessary commas, adds "and" to correct grammar, and changes a singular word form to the plural for sentence agreement.

SB427,35 Section 35. 111.825 (3) of the statutes, as affected by 2011 Wisconsin Acts 10 and 32, is amended to read:

SB427,17,12 111.825 (3) The commission shall assign employees to the appropriate collective bargaining units set forth in subs. (1), (1r), (1t), and (2).

Note: Inserts missing comma.

SB427,36 Section 36. 111.825 (4) of the statutes, as affected by 2011 Wisconsin Acts 10 and 32, is amended to read:

SB427,17,22 111.825 (4) Any labor organization may petition for recognition as the exclusive representative of a collective bargaining unit specified in sub. (1) , (1r), (1t), or (2) in accordance with the election procedures set forth in s. 111.83, provided the petition is accompanied by a 30% showing of interest in the form of signed authorization cards. Each additional labor organization seeking to appear on the ballot shall file petitions within 60 days of the date of filing of the original petition and prove, through signed authorization cards, that at least 10% of the employees in the collective bargaining unit want it to be their representative.

Note: Inserts missing comma.

SB427,37 Section 37. 111.83 (7) (b) of the statutes, as created by 2011 Wisconsin Act 32, is renumbered 111.83 (7).

Note: Section 111.83 (7) does not have multiple paragraphs as currently numbered.

SB427,38 Section 38. The treatment of 111.84 (2) (c) of the statutes by 2011 Wisconsin Act 10 is not repealed by 2011 Wisconsin Act 32. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-15, s. 111.84 (2) (c) reads:

(c) To refuse to bargain collectively on matters set forth in s. 111.91 (1) or (3), whichever is appropriate, with the duly authorized officer or agent of the employer which is the recognized or certified exclusive collective bargaining representative of employees specified in s. 111.81 (7) (a) in an appropriate collective bargaining unit or with the certified exclusive collective bargaining representative of employees specified in s. 111.81 (7) (ar) to (f) in an appropriate collective bargaining unit. Such refusal to bargain shall include, but not be limited to, the refusal to execute a collective bargaining agreement previously orally agreed upon.

SB427,39 Section 39. 111.85 (5) (b) of the statutes, as created by 2011 Wisconsin Act 32, is renumbered 111.85 (5).

Note: Section 111.85 (5) does not have multiple paragraphs as currently numbered.

SB427,40 Section 40. 111.91 (2) (g) of the statutes is repealed.

Note: Section 111.91 (2) (g), which reads as follows, was rendered without effect by the repeal of s. 40.05 (2n) by 2011 Wis. Act 10.

111.91 (2) (g) An increase in benefit adjustment contribution rates under s. 40.05 (2n) (a) 3.

SB427,41 Section 41. The treatment of 111.92 (1) (a) of the statutes by 2011 Wisconsin Act 10 is not repealed by 2011 Wisconsin Act 32. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-15, s. 111.92 (1) (a) 1. reads:

1. Any tentative agreement reached between the office and any labor organization representing a collective bargaining unit specified in s. 111.825 (1) or (2) (d) or (e) shall, after official ratification by the labor organization, be submitted by the office to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval.

SB427,42 Section 42. The treatment of 111.93 (3) of the statutes by 2011 Wisconsin Act 10 is not repealed by 2011 Wisconsin Act 32. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-15, s. 111.93 (3) (a) reads:

(a) If a collective bargaining agreement exists between the employer and a labor organization representing employees in a collective bargaining unit under s. 111.825 (1) (g), the provisions of that agreement shall supersede the provisions of civil service and other applicable statutes, as well as rules and policies of the University of Wisconsin-Madison and the board of regents of the University of Wisconsin System, related to wages, fringe benefits, hours, and conditions of employment whether or not the matters contained in those statutes, rules, and policies are set forth in the collective bargaining agreement.

SB427,43 Section 43. 125.34 (2) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB427,19,14 125.34 (2) Except as provided in ss. 125.29 (3m) (b) and (c), 125.295 (1) (e) and (g), and 125.30 (4), no fermented malt beverages may be sold, transported, or delivered to a retailer unless, prior to such sale, transport, or delivery, the fermented malt beverages are first unloaded at, physically at rest at, and only then distributed from a wholesaler's warehouse premises covered by both a wholesaler's permit issued under s. 125.28 and an alcohol beverage warehouse permit issued under s. 125.19, which premises shall be in this state. This paragraph subsection does not apply to a wholesaler issued a wholesaler's permit under s. 125.28 (1) (b) with respect to fermented malt beverages transported and delivered from a warehouse in an adjoining state unless the wholesaler's warehouse in the adjoining state is located on premises in the adjoining state used for the manufacture of fermented malt beverages.

Note: Corrects cross-reference.

SB427,44 Section 44. 146.38 (3) (dm) of the statutes is amended to read:

SB427,19,17 146.38 (3) (dm) With regard to an action under s. 895.441, to a court of record after issuance of a subpoena; and

Note: The repeal of s. 146.38 (3) (e) by 2011 Wisconsin Act 2 requires the insertion of "and" at the end of this provision.

SB427,45 Section 45. 165.76 (1) (g) of the statutes is amended to read:

SB427,20,3 165.76 (1) (g) Has been required by a court under s. 51.20 (13) (cr), 938.34 (15m) (15), 971.17 (1m) (a), 973.047, or 980.063 to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis.

Note: Corrects cross-reference. Section 938.34 (15) requires DNA samples in certain cases. Section 938.34 (15m) requires sex offender reporting in certain cases.

SB427,46 Section 46. 175.49 (3) (a) 2. of the statutes, as created by 2011 Wisconsin Act 35, is amended to read:

SB427,20,12 175.49 (3) (a) 2. The former federal law enforcement officer has been found by the state, or by a certified firearms instructor if such an instructor is qualified to conduct a firearms qualification test for active law enforcement officers in the state, to meet the standards for qualification in firearms training for active law enforcement officers to carry a firearm of the type under subd. 1., that are established by the state or, if the state does not establish standards, by any law enforcement agency in the state.

Note: Inserts missing word.

SB427,47 Section 47. 196.203 (1g) (c) of the statutes, as affected by 2011 Wisconsin Act 22, is amended to read:

SB427,20,16 196.203 (1g) (c) An alternative telecommunications utility that is a local government telecommunications utility is subject to s. 196.204 (5).

Note: Corrects cross-reference. 2011 Wis. Act 22 renumbered two paragraphs of s. 196.204 (5) to s. 196.204 (1m) and (2m), which constitute all of s. 196.204 after the treatment by Act 22.

SB427,48 Section 48. The treatment of 230.08 (4) (a) of the statutes by 2011 Wisconsin Act 10 is not repealed by 2011 Wisconsin Act 32. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 230.08 (4) (a) reads:

(a) The number of administrator positions specified in sub. (2) (e) includes all administrator positions specifically authorized by law to be employed outside the classified service in each department, board or commission and the historical society, and any other managerial position determined by an appointing authority. In this paragraph, "department" has the meaning given under s. 15.01 (5), "board" means the educational communications board, government accountability board, investment board, public defender board and technical college system board and "commission" means the employment relations commission and the public service commission. Notwithstanding sub. (2) (z), no division administrator position exceeding the number authorized in sub. (2) (e) may be created in the unclassified service.

SB427,49 Section 49. 230.09 (2) (g) of the statutes, as affected by 2011 Wisconsin Acts 10 and 32, is amended to read:

SB427,21,17 230.09 (2) (g) When filling a new or vacant position, if the director determines that the classification for a position is different than that provided for by the legislature as established by law or in budget determinations, or as authorized by the joint committee on finance under s. 13.10, or as specified by the governor creating positions under s. 16.505 (1) (c) or (2) or, or is different than that of the previous incumbent, the director shall notify the administrator and the secretary of administration. The administrator shall withhold action on the selection and certification process for filling the position. The secretary of administration shall review the position to determine that sufficient funds exist for the position and that the duties and responsibilities of the proposed position reflect the intent of the legislature as established by law or in budget determinations, the intent of the joint committee on finance acting under s. 13.10, the intent of the governor creating positions under s. 16.505 (1) (c) or (2) or. The administrator may not proceed with the selection and certification process until the secretary of administration has authorized the position to be filled.

Note: "Or" was inserted by 2011 Wis. Act 32 but rendered surplusage by the treatment by 2011 Wis. Act 10.

SB427,50 Section 50. 230.34 (1) (ar) of the statutes, as affected by 2011 Wisconsin Acts 10 and 32, is amended to read:

SB427,22,2 230.34 (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).

Note: "(ar)" was inserted by 2011 Wis. Act 32 but rendered surplusage by the treatment by 2011 Wis. Act 10.

SB427,51 Section 51. 238.345 (1) (a) of the statutes, as affected by 2011 Wisconsin Act 32, section 3426, is amended to read:

SB427,22,7 238.345 (1) (a) The designation of an area as a development zone shall be effective for 240 months, beginning on the day the department corporation notifies the local governing body under s. 238.325 (3) of the designation.

Note: All references to "department" in s. 238.345 were changed to "corporation" by 2011 Wis. Act 32.

SB427,52 Section 52. 238.395 (1) (i) of the statutes, as created by 2011 Wisconsin Act 37, section 2, is amended to read:

SB427,22,12 238.395 (1) (i) An area in the city of Beloit, the legal description of which is provided to the department corporation by the local governing body of the city of Beloit.

Note: Section 238.395 (1) (i) was created as s. 560.795 (1) (i) by 2011 Wis. Act 37 and renumbered to s. 238.395 (1) (i) by the legislative reference bureau under s. 13.92 (1) (bm) 2. consistent with the renumbering of s. 560.795 to s. 238.395 by 2011 Wis. Act 32. All references to "department" in s. 238.395 were changed to "corporation" by Act 32. See also Section 76 of this bill.