AB634,3,62 40.02 (17) (n) Notwithstanding par. (d), each participant who is employed at
3a state correctional institution, a juvenile correctional facility, as defined in s. 938.02
4(10p), a mental health institute specified in s. 51.05 (1), the Wisconsin Resource
5Center established under s. 46.056, or a secure mental health unit or facility
6established under s. 980.065 (2) and who is classified as a protective occupation
7participant pursuant to a collective bargaining agreement entered into under subch.
8V of ch. 111 shall not be granted creditable service as a protective occupation
9participant for any covered service while employed at a state correctional institution,
10a juvenile correctional facility, as defined in s. 938.02 (10p), a mental health institute

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1specified in s. 51.05 (1), the Wisconsin Resource Center established under s. 46.056,
2or a secure mental health unit or facility established under s. 980.065 (2) that was
3earned before the participant was classified as a protective occupation participant
4for such covered service, unless that prior covered service was earned while the
5participant was classified under sub. (48) (a) and s. 40.06 (1) (d) as a protective
6occupation participant.

AB634,3,178 40.02 (17) (p) Notwithstanding par. (d), each participant who is a county jail
9employee or a county employee of a juvenile detention facility, as defined in s. 938.02
10(10r), and who is classified as a protective occupation participant pursuant to a
11collective bargaining agreement entered into under subch. IV of ch. 111 shall not be
12granted creditable service as a protective occupation participant for any covered
13service while a county jail employee or a county employee of a juvenile detention
14facility that was earned before the participant was classified as a protective
15occupation participant for such covered service, unless that prior covered service was
16earned while the participant was classified under sub. (48) (a) and s. 40.06 (1) (d) as
17a protective occupation participant.

AB634,4,519 40.02 (48) (bc) "Protective occupation participant" includes any participant
20who is employed at a state correctional institution, a juvenile correctional facility, as
21defined in s. 938.02 (10p), a mental health institute specified in s. 51.05 (1), the
22Wisconsin Resource Center established under s. 46.056, or a secure mental health
23unit or facility established under s. 980.065 (2) if the participant's employer classifies
24the participant as a protective occupation participant pursuant to a collective
25bargaining agreement entered into under subch. V of ch. 111 and the department

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1receives notification of the participant's name as provided in s. 40.06 (1) (d) and (dm).
2Notwithstanding par. (a), an employer shall classify such a participant as a
3protective occupation participant without making a determination that the principal
4duties of the participant involve active law enforcement or active fire suppression or
5prevention.

AB634,4,157 40.02 (48) (bd) "Protective occupation participant" includes any participant
8who is a county jail employee or a county employee of a juvenile detention facility,
9as defined in s. 938.02 (10r), if the participant's employer classifies the participant
10as a protective occupation participant pursuant to a collective bargaining agreement
11entered into under subch. IV of ch. 111 and the department receives notification of
12the participant's name as provided in s. 40.06 (1) (d) and (dm). Notwithstanding par.
13(a), an employer shall classify such a participant as a protective occupation
14participant without making a determination that the principal duties of the
15participant involve active law enforcement or active fire suppression or prevention.

AB634,5,317 40.02 (48) (c) In s. 40.65, "protective occupation participant" means a
18participating employee who is a police officer, fire fighter, an individual determined
19by a participating employer under par. (a), (bc), (bd), or (bm) to be a protective
20occupation participant, county undersheriff, deputy sheriff, state probation and
21parole officer, county traffic police officer, conservation warden, state forest ranger,
22field conservation employee of the department of natural resources who is subject to
23call for forest fire control or warden duty, member of the state traffic patrol, state
24motor vehicle inspector, University of Wisconsin System full-time police officer,
25guard or any other employee whose principal duties are supervision and discipline

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1of inmates at a state penal institution, excise tax investigator employed by the
2department of revenue, person employed under s. 61.66 (1), or special criminal
3investigation agent employed by the department of justice.

AB634,5,105 40.06 (1) (dm) Each determination by a department head regarding the
6classification of a state employee as a protective occupation participant shall be
7reviewed by the office of state employment relations. A Unless otherwise provided
8in a collective bargaining agreement under subch. V of ch. 111, a state employee's
9name may not be certified to the fund as a protective occupation participant under
10par. (d) until the office of state employment relations approves the determination.

AB634,5,1912 40.65 (4w) A participant employed at a state correctional institution, a juvenile
13correctional facility, as defined in s. 938.02 (10p), a mental health institute specified
14in s. 51.05 (1), the Wisconsin Resource Center established under s. 46.056, or a secure
15mental health unit or facility established under s. 980.065 (2) who becomes a
16protective occupation participant pursuant to a collective bargaining agreement
17entered into under subch. V of ch. 111 is not entitled to a duty disability benefit under
18this section for an injury or disease occurring before the participant became a
19protective occupation participant.

AB634,6,221 40.65 (4x) A participant who is a county jail employee or a county employee of
22a juvenile detention facility, as defined in s. 938.02 (10r), and who becomes a
23protective occupation participant pursuant to a collective bargaining agreement
24entered into under subch. IV of ch. 111 is not entitled to a duty disability benefit

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1under this section for an injury or disease occurring before the participant became
2a protective occupation participant.

AB634,7,45 111.70 (1) (a) "Collective bargaining" means the performance of the mutual
6obligation of a municipal employer, through its officers and agents, and the
7representative of its municipal employees in a collective bargaining unit, to meet and
8confer at reasonable times, in good faith, with the intention of reaching an
9agreement, or to resolve questions arising under such an agreement, with respect to
10wages, hours and conditions of employment, and with respect to a requirement of the
11municipal employer for a municipal employee to perform law enforcement and fire
12fighting services under s. 61.66, and for a county with respect to any matter under
13sub. (4) (np), and for a school district with respect to any matter under sub. (4) (n),
14except as provided in subs. (3m), (3p), and (4) (m) and (mc) and s. 40.81 (3) and except
15that a municipal employer shall not meet and confer with respect to any proposal to
16diminish or abridge the rights guaranteed to municipal employees under ch. 164.
17The duty to bargain, however, does not compel either party to agree to a proposal or
18require the making of a concession. Collective bargaining includes the reduction of
19any agreement reached to a written and signed document. The municipal employer
20shall not be required to bargain on subjects reserved to management and direction
21of the governmental unit except insofar as the manner of exercise of such functions
22affects the wages, hours and conditions of employment of the municipal employees
23in a collective bargaining unit. In creating this subchapter the legislature recognizes
24that the municipal employer must exercise its powers and responsibilities to act for
25the government and good order of the jurisdiction which it serves, its commercial

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1benefit and the health, safety and welfare of the public to assure orderly operations
2and functions within its jurisdiction, subject to those rights secured to municipal
3employees by the constitutions of this state and of the United States and by this
4subchapter.

AB634,7,77 111.70 (4) (n) (title) Mandatory subjects of bargaining; school districts.

AB634,7,179 111.70 (4) (np) Mandatory subjects of bargaining; counties. In a county, in
10addition to any subject of bargaining on which the municipal employer is required
11to bargain under sub. (1) (a), the municipal employer is required to bargain
12collectively with respect to protective occupation participant status under s. 40.02 for
13county jail employees and for county employees of a juvenile detention facility, as
14defined in s. 938.02 (10r). If a county jail employee or a county juvenile detention
15facility employee is covered by a county retirement system, the municipal employer
16is required to bargain collectively with respect to protective occupation participant
17status for the employee, if such status is available under that retirement system.

AB634,8,219 111.91 (1) (ab) In collective bargaining units including individuals employed
20at a state correctional institution, a juvenile correctional facility, as defined in s.
21938.02 (10p), a mental health institute specified in s. 51.05 (1), the Wisconsin
22Resource Center established under s. 46.056, or a secure mental health unit or
23facility established under s. 980.065 (2), the right of these individuals to be classified

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1as protective occupation participants under s. 40.02 is a mandatory subject of
2bargaining.