Note: Deletes repeated "and" and creates a title. All the other subsections in this
section have titles.
SB427,12,1814
66.0506
(1) In this section, "local governmental unit" means any city, village,
15town, county, metropolitan sewerage district, long-term care district,
transit
16authority under s. 59.58 (7) or 66.1039, local cultural arts district under subch. V of
17ch. 229, or any other political subdivision of the state, or instrumentality of one or
18more political subdivisions of the state.
SB427,13,521
71.28
(1dm) (k) If a person who is entitled under s. 238.395 (3) (a) 4. or s.
22560.795 (3) (a) 4., 2009 stats., to claim tax benefits or certified under s. 238.395 (5),
23239.398 238.398 (3), or 238.3995 (4) or s. 560.795 (5), 2009 stats., s. 560.798 (3), 2009
1stats., or s. 560.7995 (4), 2009 stats., ceases business operations in the development
2zone during any of the taxable years that that zone exists, that person may not carry
3over to any taxable year following the year during which operations cease any
4unused credits from the taxable year during which operations cease or from previous
5taxable 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
6Section
27. 79.043 (title) of the statutes is repealed.
Note: All provisions of s. 79.043 were renumbered or repealed by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.
Note: Following the repeal of s. 93.42 (3) by
2011 Wis. Act 32, this provision no
longer has multiple subsections.
SB427,13,1511
103.50
(2m) (b) 1. The laborer, worker, mechanic or truck driver is employed
12to go to the source of mineral aggregate such as sand, gravel or stone and deliver that
13mineral aggregate to the site of a project that is subject to this section by depositing
14the material directly in final place, from
the transporting
the vehicle or through
15spreaders 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."
SB427,14,418
111.70
(1) (j) "Municipal employer" means any city, county, village, town,
19metropolitan sewerage district, school district, long-term care district,
transit
20authority under s. 59.58 (7) or 66.1039, local cultural arts district created under
1subch. V of ch. 229, or any other political subdivision of the state, or instrumentality
2of one or more political subdivisions of the state, that engages the services of an
3employee and includes any person acting on behalf of a municipal employer within
4the scope of the person's authority, express or implied.
SB427,15,217
111.70
(4) (cg) 6. am. Upon receipt of a petition under subd. 6. a. to initiate
8arbitration, the commission shall determine, with or without a formal hearing,
9whether arbitration should be commenced. If in determining whether an impasse
10exists the commission finds that the procedures under this paragraph have not been
11complied with and compliance would tend to result in a settlement, it may order
12compliance before ordering arbitration. The validity of any arbitration award or
13collective bargaining agreement is not affected by failure to comply with the
14procedures. Prior to the close of the investigation each party shall submit in writing
15to the commission its single final offer containing its final proposals on all issues in
16dispute that are subject to interest arbitration under this subdivision. If a party fails
17to submit a single, ultimate final offer, the commission shall use the last written
18position of the party. Such final offers may include only mandatory subjects of
19bargaining, except that a permissive subject of bargaining may be included by a
20party if the other party does not object and is then treated as a mandatory subject.
21At that time, the parties shall submit to the commission a stipulation, in writing,
22with respect to all matters that they agree to include in the new or amended collective
23bargaining agreement. The commission, after determining that arbitration should
24be commenced, shall issue an order requiring arbitration and immediately submit
1to the parties a list of 7 arbitrators. The parties shall alternately strike names from
2the list until one name is left
and that person shall be appointed arbitrator. The
3petitioning party shall notify the commission in writing of the identity of the
4arbitrator. The commission shall then formally appoint the arbitrator and submit
5to him or her the final offers of the parties. The final offers are public documents and
6the commission shall make them available. In lieu of a single arbitrator and upon
7request of both parties, the commission shall appoint a tripartite arbitration panel
8consisting of one member selected by each of the parties and a neutral person
9designated by the commission who shall serve as a chairperson. An arbitration panel
10has the same powers and duties provided in this section as any other appointed
11arbitrator, and all arbitration decisions by a panel shall be determined by majority
12vote. In lieu of selection of the arbitrator by the parties and upon request of both
13parties, the commission shall establish a procedure for randomly selecting names of
14arbitrators. Under the procedure, the commission shall submit a list of 7 arbitrators
15to the parties. Each party shall strike one name from the list. From the remaining
165 names, the commission shall randomly appoint an arbitrator. Unless both parties
17to an arbitration proceeding otherwise agree in writing, every individual whose
18name is submitted by the commission for appointment as an arbitrator must be a
19resident of this state at the time of submission and every individual who is
20designated as an arbitration panel chairperson must be a resident of this state at the
21time of designation.
Note: Inserts missing word.
SB427,32
22Section
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.
SB427,16,223
111.815
(1) In the furtherance of this subchapter, the state shall be considered
4as a single employer and employment relations policies and practices throughout the
5state service shall be as consistent as practicable. The office shall negotiate and
6administer collective bargaining agreements. To coordinate the employer position
7in the negotiation of agreements, the office shall maintain close liaison with the
8legislature relative to the negotiation of agreements and the fiscal ramifications of
9those agreements. Except with respect to the collective bargaining
unit units 10specified in s. 111.825 (1r)
, and (1t),
, the office is responsible for the employer
11functions of the executive branch under this subchapter, and shall coordinate its
12collective bargaining activities with operating state agencies on matters of agency
13concern. The legislative branch shall act upon those portions of tentative
14agreements negotiated by the office that require legislative action. With respect to
15the collective bargaining units specified in s. 111.825 (1r), the Board of Regents of the
16University of Wisconsin System is responsible for the employer functions under this
17subchapter. With respect to the collective bargaining units specified in s. 111.825
18(1t), the chancellor of the University of Wisconsin-Madison is responsible for the
19employer functions under this subchapter. With respect to the collective bargaining
20unit specified in s. 111.825 (1r) (ef), the governing board of the charter school
21established by contract under s. 118.40 (2r) (cm) is responsible for the employer
22functions under this subchapter.
Note: Removes unnecessary commas, adds "and" to correct grammar, and changes
a singular word form to the plural for sentence agreement.
SB427,17,83
111.815
(2) The director of the office shall, together with the appointing
4authorities or their representatives, represent the state in its responsibility as an
5employer under this subchapter except with respect to negotiations in the collective
6bargaining
unit units specified in s. 111.825 (1r)
, and (1t)
,. The director of the office
7shall establish and maintain, wherever practicable, consistent employment
8relations 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.
SB427,17,1211
111.825
(3) The commission shall assign employees to the appropriate
12collective bargaining units set forth in subs. (1)
, (1r), (1t), and (2).
Note: Inserts missing comma.
SB427,17,2215
111.825
(4) Any labor organization may petition for recognition as the exclusive
16representative of a collective bargaining unit specified in sub. (1)
, (1r), (1t), or (2) in
17accordance with the election procedures set forth in s. 111.83, provided the petition
18is accompanied by a 30% showing of interest in the form of signed authorization
19cards. Each additional labor organization seeking to appear on the ballot shall file
20petitions within 60 days of the date of filing of the original petition and prove,
21through signed authorization cards, that at least 10% of the employees in the
22collective bargaining unit want it to be their representative.
Note: Inserts missing comma.
Note: Section 111.83 (7) does not have multiple paragraphs as currently
numbered.
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.
Note: Section 111.85 (5) does not have multiple paragraphs as currently
numbered.
SB427,40
7Section
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.
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.
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.
SB427,19,143
125.34
(2) Except as provided in ss. 125.29 (3m) (b) and (c), 125.295 (1) (e) and
4(g), and 125.30 (4), no fermented malt beverages may be sold, transported, or
5delivered to a retailer unless, prior to such sale, transport, or delivery, the fermented
6malt beverages are first unloaded at, physically at rest at, and only then distributed
7from a wholesaler's warehouse premises covered by both a wholesaler's permit
8issued under s. 125.28 and an alcohol beverage warehouse permit issued under s.
9125.19, which premises shall be in this state. This
paragraph subsection does not
10apply to a wholesaler issued a wholesaler's permit under s. 125.28 (1) (b) with respect
11to fermented malt beverages transported and delivered from a warehouse in an
12adjoining state unless the wholesaler's warehouse in the adjoining state is located
13on premises in the adjoining state used for the manufacture of fermented malt
14beverages.
Note: Corrects cross-reference.
SB427,44
15Section
44. 146.38 (3) (dm) of the statutes is amended to read:
SB427,19,1716
146.38
(3) (dm) With regard to an action under s. 895.441, to a court of record
17after 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
18Section
45. 165.76 (1) (g) of the statutes is amended to read:
SB427,20,3
1165.76
(1) (g) Has been required by a court under s. 51.20 (13) (cr), 938.34
(15m) 2(15), 971.17 (1m) (a), 973.047, or 980.063 to provide a biological specimen to the state
3crime 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.
SB427,20,126
175.49
(3) (a) 2. The former federal law enforcement officer
has been found by
7the state, or by a certified firearms instructor if such an instructor is qualified to
8conduct a firearms qualification test for active law enforcement officers in the state,
9to meet the standards for qualification in firearms training for active law
10enforcement officers to carry a firearm of the type under subd. 1., that are established
11by the state or, if the state does not establish standards, by any law enforcement
12agency in the state.
Note: Inserts missing word.
SB427,20,1615
196.203
(1g) (c) An alternative telecommunications utility that is a local
16government 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.
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.
SB427,21,173
230.09
(2) (g) When filling a new or vacant position, if the director determines
4that the classification for a position is different than that provided for by the
5legislature as established by law or in budget determinations, or as authorized by the
6joint committee on finance under s. 13.10, or as specified by the governor creating
7positions under s. 16.505 (1) (c) or (2)
or, or is different than that of the previous
8incumbent, the director shall notify the administrator and the secretary of
9administration. The administrator shall withhold action on the selection and
10certification process for filling the position. The secretary of administration shall
11review the position to determine that sufficient funds exist for the position and that
12the duties and responsibilities of the proposed position reflect the intent of the
13legislature as established by law or in budget determinations, the intent of the joint
14committee on finance acting under s. 13.10, the intent of the governor creating
15positions under s. 16.505 (1) (c) or (2)
or. The administrator may not proceed with
16the selection and certification process until the secretary of administration has
17authorized the position to be filled.
SB427,22,220
230.34
(1) (ar) Paragraphs (a) and (am) apply to all employees with permanent
21status in class in the classified service and all employees who have served with the
1state as an assistant district attorney for a continuous period of 12 months or more
2(ar).
SB427,22,75
238.345
(1) (a) The designation of an area as a development zone shall be
6effective for 240 months, beginning on the day the
department corporation notifies
7the 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.
SB427,22,1210
238.395
(1) (i) An area in the city of Beloit, the legal description of which is
11provided to the
department corporation by the local governing body of the city of
12Beloit.
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.
SB427,22,2015
238.395
(2) (e) 3. The
department
corporation may extend the designation of
16an area under sub. (1) (i) as a development opportunity zone for an additional 60
17months if the
department corporation determines that an extension will support
18economic development within the city. If the
department corporation grants an
19extension under this subdivision, the limit for tax benefits for the development
20opportunity zone under sub. (1) (i) is increased by $5,000,000.
Note: Section 238.395 (2) (e) 3. was created as s. 560.795 (2) (e) 3. by
2011 Wis. Act
37 and renumbered to s. 238.395 (2) (e) 3. 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.
SB427,23,93
238.399
(3) (d) Notwithstanding pars. (b) and (c), the
department corporation 4shall designate as enterprise zones at least 3 areas comprising political subdivisions
5whose populations total less than 5,000 and at least 2 areas comprising political
6subdivisions whose populations total 5,000 or more but less than 30,000. In
7designating an enterprise zone under this paragraph, the
department corporation 8may consider indicators of an area's economic need and the effect of designation on
9other economic development activities.
Note: Section 238.399 (3) (d) was created as s. 560.799 (3) (d) by
2011 Wis. Act 26 and renumbered to s. 238.399 (3) (d) by the legislative reference bureau under s. 13.92
(1) (bm) 2. consistent with the renumbering of s. 560.799 to s. 238.399 by
2011 Wis. Act
32. All references to "department" in s. 560.799 were changed to "corporation" by Act 32.
See also
Section 76 of this bill.
SB427,55
10Section
55. 256.01 (7) and (8) of the statutes are amended to read:
SB427,23,1311
256.01
(7) "Emergency medical technician — intermediate" means an
12individual who is licensed by the department as an emergency medical technician —
13intermediate under
sub. s. 256.15 (5).
SB427,23,18
14(8) "Emergency medical technician — paramedic" means an individual who is
15specially trained in emergency cardiac, trauma and other lifesaving or emergency
16procedures in a training program or course of instruction prescribed by the
17department and who is examined and licensed as an emergency medical technician
18— paramedic under
sub. s. 256.15 (5).
