2003 Wisconsin Act 33

33,1962 Section 1962. 111.375 (1) of the statutes is amended to read:

111.375 (1) Except as provided under sub. (2), this This subchapter shall be administered by the department. The department may make, amend and rescind such rules as are necessary to carry out this subchapter. The department or the commission may, by such agents or agencies as it designates, conduct in any part of this state any proceeding, hearing, investigation or inquiry necessary to the performance of its functions. The department shall preserve the anonymity of any employee who is the aggrieved party in a complaint of discrimination in promotion, compensation or terms and conditions of employment, of unfair honesty testing or of unfair genetic testing against his or her present employer until a determination as to probable cause has been made, unless the department determines that the anonymity will substantially impede the investigation.

33,1963 Section 1963. 111.375 (2) of the statutes is amended to read:

111.375 (2) This subchapter applies to each agency of the state except that complaints of discrimination, unfair honesty testing or unfair genetic testing against the agency as an employer shall be filed with and processed by the personnel commission under s. 230.45 (1) (b). Decisions of the personnel commission are subject to review under ch. 227.

33,1966 Section 1966. 111.70 (1) (a) of the statutes is amended to read:

111.70 (1) (a) "Collective bargaining" means the performance of the mutual obligation of a municipal employer, through its officers and agents, and the representative of its municipal employees in a collective bargaining unit, to meet and confer at reasonable times, in good faith, with the intention of reaching an agreement, or to resolve questions arising under such an agreement, with respect to wages, hours and conditions of employment, and with respect to a requirement of the municipal employer for a municipal employee to perform law enforcement and fire fighting services under s. 61.66, except as provided in sub. (4) (m), (n), and (o) and s. 40.81 (3) and except that a municipal employer shall not meet and confer with respect to any proposal to diminish or abridge the rights guaranteed to municipal employees under ch. 164. The duty to bargain, however, does not compel either party to agree to a proposal or require the making of a concession. Collective bargaining includes the reduction of any agreement reached to a written and signed document. The municipal employer shall not be required to bargain on subjects reserved to management and direction of the governmental unit except insofar as the manner of exercise of such functions affects the wages, hours and conditions of employment of the municipal employees in a collective bargaining unit. In creating this subchapter the legislature recognizes that the municipal employer must exercise its powers and responsibilities to act for the government and good order of the jurisdiction which it serves, its commercial benefit and the health, safety and welfare of the public to assure orderly operations and functions within its jurisdiction, subject to those rights secured to municipal employees by the constitutions of this state and of the United States and by this subchapter.

33,1985m Section 1985m. 111.70 (4) (n) of the statutes is created to read:

111.70 (4) (n) Municipal employer-initiated change in health care coverage plan provider. Notwithstanding the terms of a collective bargaining agreement, in any collective bargaining unit other than a unit consisting of law enforcement or fire fighting personnel a municipal employer may unilaterally change its employees' health care coverage plan to a health care coverage plan under s. 40.51 (7) or a health care coverage plan that is substantially similar to a plan offered under s. 40.51 (7) without the consent of any affected employee in the collective bargaining unit. The commission shall use the criteria in rules promulgated by the commissioner of insurance under s. 601.41 (12) to determine if health care coverage plans are substantially similar. Any such unilateral change in health care coverage plan provider is not a violation of a collective bargaining agreement or a prohibited practice under sub. (3) (a) and, for purposes of a qualified economic offer, satisfies the requirement to maintain fringe benefits under sub. (1) (nc).

33,1985n Section 1985n. 111.70 (4) (o) of the statutes is created to read:

111.70 (4) (o) Prohibited subject of collective bargaining. In collective bargaining units other than units consisting of law enforcement or fire fighting personnel, a municipal employer is prohibited from bargaining collectively with respect to the employer's selection of a health care coverage plan if the municipal employer offers to enroll the employees in a health care coverage plan under s. 40.51 (7) or in a health care coverage plan that is substantially similar to a plan offered under s. 40.51 (7). The commission shall use the criteria in rules promulgated by the commissioner of insurance under s. 601.41 (12) to determine if health care coverage plans are substantially similar.

33,1986m Section 1986m. 111.71 (1) of the statutes is amended to read:

111.71 (1) The commission may adopt reasonable rules relative to the exercise of its powers and authority and proper rules to govern its proceedings and to regulate the conduct of all elections and hearings. The commission shall, upon request, provide a transcript of a proceeding to any party to the proceeding for a fee, established by rule, by the commission at a uniform rate per page. All transcript fees shall be credited to the appropriation account under s. 20.425 (1) (i), except that fees collected in excess of the uniform rate per page for any transcript produced by a reporter who is not employed by the commission shall be credited to the appropriation account under s. 20.425 (1) (g).

33,1987m Section 1987m. 111.81 (5) of the statutes is repealed.

33,1988m Section 1988m. 111.81 (14) of the statutes is created to read:

111.81 (14) "Office" means the office of state human resources management.

33,1988s Section 1988s. 111.815 of the statutes is amended to read:

111.815 Duties of state. (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 department office shall negotiate and administer collective bargaining agreements. To coordinate the employer position in the negotiation of agreements, the department 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 units specified in s. 111.825 (1m) and (2) (f), the department 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 department office that require legislative action. With respect to the collective bargaining units specified in s. 111.825 (1m), the University of Wisconsin Hospitals and Clinics Board is responsible for the employer functions under this subchapter. With respect to the collective bargaining unit specified in s. 111.825 (2) (f), 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.

(2) In the furtherance of the policy under s. 111.80 (4), the secretary of the department shall establish a collective bargaining capability within the department outside of the division of merit recruitment and selection and 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 units specified in s. 111.825 (1m) and (2) (f). The secretary of the department director of the office shall establish and maintain, wherever practicable, consistent employment relations policies and practices throughout the state service.

(3) With regard to collective bargaining activities involving employees who are assistant district attorneys, the secretary of the department director of the office shall maintain close liaison with the department secretary of administration.

33,1989m Section 1989m. 111.83 (3) of the statutes is amended to read:

111.83 (3) Whenever a question arises concerning the representation of employees in a collective bargaining unit the commission shall determine the representative thereof by taking a secret ballot of the employees and certifying in writing the results thereof to the interested parties and to the secretary of the department director of the office. There shall be included on any ballot for the election of representatives the names of all labor organizations having an interest in representing the employees participating in the election as indicated in petitions filed with the commission. The name of any existing representative shall be included on the ballot without the necessity of filing a petition. The commission may exclude from the ballot one who, at the time of the election, stands deprived of his or her rights under this subchapter by reason of a prior adjudication of his or her having engaged in an unfair labor practice. The ballot shall be so prepared as to permit a vote against representation by anyone named on the ballot. The commission's certification of the results of any election is conclusive as to the findings included therein unless reviewed under s. 111.07 (8).

33,1990 Section 1990. 111.86 (2) of the statutes is amended to read:

111.86 (2) The department office shall charge a state department or agency the employer's share of the cost related to grievance arbitration under sub. (1) for any arbitration that involves one or more employees of the state department or agency. Each state department or agency so charged shall pay the amount that the department office charges from the appropriation account or accounts used to pay the salary of the grievant. Funds received under this subsection shall be credited to the appropriation account under s. 20.512 (1) (km) 20.545 (1) (km).

33,1990m Section 1990m. 111.89 (1) of the statutes is amended to read:

111.89 (1) Upon establishing that a strike is in progress, the employer may either seek an injunction or file an unfair labor practice charge with the commission under s. 111.84 (2) (e) or both. It is the responsibility of the department office to decide whether to seek an injunction or file an unfair labor practice charge. The existence of an administrative remedy does not constitute grounds for denial of injunctive relief.

33,1991m Section 1991m. 111.91 (2) (im) of the statutes is created to read:

111.91 (2) (im) The employer contribution rate and the number of hours of work per year covered under s. 40.05 (4) (ag) 1.

33,1992 Section 1992. 111.91 (2) (j) of the statutes is amended to read:

111.91 (2) (j) Creditable service to which s. 40.25 (7) (f) 40.285 (2) (b) 4. applies.

33,1992e Section 1992e. 111.91 (4) of the statutes is amended to read:

111.91 (4) The secretary of the department director of the office, in connection with the development of tentative collective bargaining agreements to be submitted under s. 111.92 (1) (a), shall endeavor to obtain tentative agreements with each recognized or certified labor organization representing employees or supervisors of employees specified in s. 111.81 (7) (a) and with each certified labor organization representing employees specified in s. 111.81 (7) (b) to (e) which do not contain any provision for the payment to any employee of a cumulative or noncumulative amount of compensation in recognition of or based on the period of time an employee has been employed by the state.

33,1992m Section 1992m. 111.915 of the statutes is amended to read:

111.915 Labor proposals. The secretary of the department director of the office shall notify and consult with the joint committee on employment relations, in such form and detail as the committee requests, regarding substantial changes in wages, employee benefits, personnel management, and program policy contract provisions to be included in any contract proposal to be offered to any labor organization by the state or to be agreed to by the state before such proposal is actually offered or accepted.

33,1992s Section 1992s. 111.92 (1) (a) of the statutes is amended to read:

111.92 (1) (a) Any tentative agreement reached between the department office, acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.825 (1) or (2) (a) to (e) shall, after official ratification by the labor organization, be submitted by the department office to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval. If the committee approves the tentative agreement, it shall introduce in a bill or companion bills, to be put on the calendar or referred to the appropriate scheduling committee of each house, that portion of the tentative agreement which requires legislative action for implementation, such as salary and wage adjustments, changes in fringe benefits, and any proposed amendments, deletions or additions to existing law. Such bill or companion bills are not subject to ss. 13.093 (1), 13.50 (6) (a) and (b) and 16.47 (2). The committee may, however, submit suitable portions of the tentative agreement to appropriate legislative committees for advisory recommendations on the proposed terms. The committee shall accompany the introduction of such proposed legislation with a message that informs the legislature of the committee's concurrence with the matters under consideration and which recommends the passage of such legislation without change. If the joint committee on employment relations does not approve the tentative agreement, it shall be returned to the parties for renegotiation. If the legislature does not adopt without change that portion of the tentative agreement introduced by the joint committee on employment relations, the tentative agreement shall be returned to the parties for renegotiation.

33,1992v Section 1992v. 111.94 (1) of the statutes is amended to read:

111.94 (1) The commission may adopt reasonable and proper rules relative to the exercise of its powers and authority and proper rules to govern its proceedings and to regulate the conduct of all elections and hearings. The commission shall, upon request, provide a transcript of a proceeding to any party to the proceeding for a fee, established by rule, by the commission at a uniform rate per page. All transcript fees shall be credited to the appropriation account under s. 20.425 (1) (i), except that fees collected in excess of the uniform rate per page for any transcript produced by a reporter who is not employed by the commission shall be credited to the appropriation account under s. 20.425 (1) (g).

33,1993 Section 1993. 114.33 (10) of the statutes is amended to read:

114.33 (10) Subject to the approval of the governor under this subsection, the secretary may sell at public or private sale property of whatever nature owned by the state and under the jurisdiction of the secretary when the secretary determines that the property is no longer necessary for the state's use for airport purposes and, if real property, the real property is not the subject of a petition under s. 16.375 560.9810. The secretary shall present to the governor a full and complete report of the property to be sold, the reason for the sale, and the minimum price for which the property should be sold, together with an application for the governor's approval of the sale. The governor shall investigate the proposed sale as he or she deems necessary and approve or disapprove the application. Upon approval and receipt of the full purchase price, the secretary shall by appropriate deed or other instrument transfer the property to the purchaser. The funds derived from the sale shall be deposited in the appropriate airport fund, and the expense incurred by the secretary in connection with the sale shall be paid from that fund.

33,1993g Section 1993g. 115.28 (7) (d) of the statutes is renumbered 115.28 (7) (d) 1. and amended to read:

115.28 (7) (d) 1. Annually, Except as provided in subd. 2., annually establish fees for the certification or licensure of school and public library personnel sufficient to fund certification and licensing administrative costs.

33,1993r Section 1993r. 115.28 (7) (d) 2. of the statutes is created to read:

115.28 (7) (d) 2. Charge a fee of $150 for an initial or renewal teacher or administrator license issued to a resident of this state.

33,1993v Section 1993v. 115.28 (11) (intro.) of the statutes is amended to read:

115.28 (11) Driver education courses. (intro.) Approve driver education courses offered by school districts, county children with disabilities education boards, and technical college districts for the purposes of ss. 121.41 (1) and s. 343.16 (1) (c) 1. and establish minimum standards for driver education courses offered in private schools for the purposes of s. 343.16 (1) (c) 3. All driver education courses approved or for which standards are established under this subsection shall do all of the following:

33,1994d Section 1994d. 115.28 (25) of the statutes is amended to read:

115.28 (25) School technology resource grants. Consult with the technology for educational achievement in Wisconsin board department of administration before awarding school technology resource grants under 20 USC 6842.

33,1995 Section 1995. 115.28 (30) (b) 1. to 6. of the statutes are amended to read:

115.28 (30) (b) 1. Two One full-time consultants consultant in agriculture education.

2. Two One full-time consultants consultant in business education.

3. Two One full-time consultants consultant in technology education.

4. Two One full-time consultants consultant in family and consumer sciences education.

5. Two One full-time consultants consultant in marketing education.

6. One full-time half-time consultant in health science education.

33,1995d Section 1995d. 115.28 (45) of the statutes is repealed.

33,1995h Section 1995h. 115.28 (47) of the statutes is repealed.

33,1995m Section 1995m. 115.28 (50) of the statutes is created to read:

115.28 (50) Mentors. Annually distribute the amount appropriated under s. 20.255 (2) (hg) to school districts based on the number of full-time equivalent teachers employed by the school district. The school district shall use the money to fund mentors, as defined in s. PI 34.01 (34), Wis. Adm. Code.

33,1995t Section 1995t. 115.28 (51) of the statutes is created to read:

115.28 (51) Plan for use of federal funds. Annually submit to the joint committee on finance a plan for using federal funds for administrative purposes. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the plan's submission that the committee has scheduled a meeting for the purpose of reviewing the plan, the plan may be implemented as proposed by the department. If, within 14 working days after the date of the plan's submission, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the plan may be implemented only upon approval of the committee.

33,1996 Section 1996. 115.29 (4) of the statutes is renumbered 115.29 (4) (a).

33,1997 Section 1997. 115.29 (4) (b) of the statutes is created to read:

115.29 (4) (b) Promulgate rules establishing fees for issuing a declaration of equivalency of high school graduation or a general educational development certificate under par. (a). The rules may provide exemptions from the fees based on financial need.

33,1998 Section 1998. 115.345 (5) of the statutes is amended to read:

115.345 (5) The school board may file a claim with the department for reimbursement for reasonable expenses incurred, excluding capital equipment costs, but not to exceed 15% of the cost of the meal or 50 cents per meal, whichever is less. Any cost in excess of the lesser amount may be charged to participants. If the department approves the claim, it shall certify that payment is due and the state treasurer secretary of administration shall pay the claim from the appropriation under s. 20.255 (2) (cn).

33,1998g Section 1998g. 115.75 of the statutes is repealed.

33,1998k Section 1998k. 115.817 (10) (a) of the statutes is amended to read:

115.817 (10) (a) The board may apply for and receive the state aid under ss. s. 115.88 and 121.41 (1) for the transportation, board and lodging, treatment, and instruction of children participating in programs under this section.

33,1998m Section 1998m. 115.88 (1m) (a) and (am) of the statutes are amended to read:

115.88 (1m) (a) If, upon receipt of the plan under s. 115.77 (4), the state superintendent is satisfied that the special education program has been maintained during the preceding school year in accordance with law, the state superintendent shall certify to the department of administration in favor of each county, cooperative educational service agency and school district maintaining such special education program a sum equal to the amount expended by the county, agency and school district during the preceding year for salaries of personnel enumerated in sub. (1), including the salary portion of any authorized contract for physical or occupational therapy services, and other expenses approved by the state superintendent as costs eligible for reimbursement from the appropriation appropriations under s. 20.255 (2) (b) and (bb).

(am) If the operator of a charter school established under s. 118.40 (2r) operates a special education program and the state superintendent is satisfied that the operator of the charter school is complying with 20 USC 1400 to 1491o, the state superintendent shall certify to the department of administration in favor of the operator of the charter school a sum equal to the amount that the operator of the charter school expended during the previous school year for salaries of full-time or part-time licensed teachers, licensed coordinators of special education, licensed school social workers, licensed school psychologists, paraprofessionals, licensed consulting teachers to work with any teacher of regular education programs who has a child with a disability in a class and any other personnel, as determined by the state superintendent. Certified costs under this paragraph are eligible for reimbursement from the appropriation appropriations under s. 20.255 (2) (b) and (bb). The state superintendent may audit costs under this paragraph and adjust reimbursement to cover only actual, eligible costs.

33,1998n Section 1998n. 115.88 (2), (2m), (3), (4) and (6) of the statutes are amended to read:

115.88 (2) Transportation aid. If upon receipt of the plan under s. 115.77 (4) the state superintendent is satisfied that the transportation of children with disabilities has been maintained during the preceding year in accordance with the law, the state superintendent shall certify to the department of administration in favor of each county, cooperative educational service agency, or school district transporting such pupils an amount equal to the amount expended for such transportation as costs eligible for reimbursement from the appropriation appropriations under s. 20.255 (2) (b) and (bb). Pupils for whom aid is paid under this subsection shall not be eligible for aid under s. 121.58 (2) or (4). This subsection applies to any child with a disability who requires special assistance in transportation, including any such child attending regular classes who requires special or additional transportation. This subsection does not apply to any child with a disability attending regular or special classes who does not require any special or additional transportation.

(2m) Other transportation aid. If the operator of a charter school established under s. 118.40 (2r) transports children with disabilities and the state superintendent is satisfied that the operator of the charter school is complying with 20 USC 1400 to 1491o, the state superintendent shall certify to the department of administration in favor of the operator of the charter school a sum equal to the amount that the operator of the charter school expended during the previous school year for transportation under this subsection as costs eligible for reimbursement from the appropriations under s. 20.255 (2) (b) and (bb). The state superintendent may audit costs under this subsection and adjust reimbursement to cover only actual, eligible costs.

(3) Board and lodging aid. There shall be paid the amount expended for board and lodging and transportation between the boarding home and the special education program of nonresident children enrolled under s. 115.82 (1) in the special education program. The department shall certify to the department of administration in favor of each school district, cooperative educational service agency, county children with disabilities education board, state agency of another state or private, nonsectarian special education service which operates the special education program while providing board, lodging and transportation an amount equal to the amount expended for such board and lodging and transportation as costs eligible for reimbursement from the appropriation appropriations under s. 20.255 (2) (b) and (bb).

(4) Hospitals and convalescent home aid. The full cost of special education for children in hospitals and convalescent homes for orthopedically disabled children shall be paid from the appropriation appropriations under s. 20.255 (2) (b) and (bb). The supervision of such instruction shall be under the department and the school board of the school district in which the hospital or convalescent home is located. The school board of the district in which the hospital or convalescent home is located shall submit to the department an itemized statement of all revenues and expenditures for the actual cost of such instruction and any other information it requires.

(6) Aid for instruction outside of district. The department shall certify to the department of administration, in favor of each school district, an amount equal to the amount expended for salaries and travel expenses, as determined in advance by the state superintendent, for providing special education outside the school district of employment, as eligible for reimbursement from the appropriation appropriations under s. 20.255 (2) (b) and (bb).

33,1998no Section 1998no. 115.88 (8) of the statutes is amended to read:

115.88 (8) Enrollment out of state. If a child with a disability is enrolled in a public special education program located in another state and the state superintendent is satisfied that the program in which the child is enrolled complies with this subchapter, the state superintendent shall certify to the department of administration in favor of the school district in which the child resides or the school district attended by the child under s. 118.51 or 121.84 (1) (a) or (4) a sum equal to the amount expended by the school district during the preceding year for the additional costs associated with the child's special education program as costs eligible for reimbursement from the appropriation appropriations under s. 20.255 (2) (b) and (bb).

33,1999 Section 1999. 115.882 of the statutes is amended to read:

115.882 Payment of state aid. Funds appropriated under s. 20.255 (2) (b) shall be used first for the purpose of s. 115.88 (4). Costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b) under ss. 115.88 (1m) to (3), (6) and (8), 115.93, and 118.255 (4) shall be reimbursed at a rate set to distribute the full amount appropriated for reimbursement for the costs, less the amount paid by the department of health and family services under s. 20.435 (4) (b) and (o) under s. 49.45 (39) (b) 1m., not to exceed 100%.

33,1999c Section 1999c. 115.882 of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

115.882 Payment of state aid. Funds appropriated under s. 20.255 (2) (b) and (bb) shall be used first for the purpose of s. 115.88 (4). Costs eligible for reimbursement from the appropriation appropriations under s. 20.255 (2) (b) and (bb) under ss. 115.88 (1m) to (3), (6) and (8), 115.93, and 118.255 (4) shall be reimbursed at a rate set to distribute the full amount appropriated for reimbursement for the costs, less the amount paid by the department of health and family services under s. 20.435 (4) (hm) and (o) under s. 49.45 (39) (b) 1m., not to exceed 100%.

33,1999n Section 1999n. 115.93 of the statutes is amended to read:

115.93 State aid. If upon receipt of the reports under s. 115.92 (2) the state superintendent is satisfied that the school age parents program has been maintained during the preceding school year in accordance with the rules under s. 115.92 (3), the state superintendent shall certify to the department of administration in favor of each school district maintaining the program a sum equal to the amount expended by the school district during the preceding school year for salaries of teachers and instructional aides, special transportation and other expenses approved by the state superintendent as costs eligible for reimbursement from the appropriation appropriations under s. 20.255 (2) (b) and (bb).

33,2006 Section 2006. 118.153 (1) (a) (intro.) of the statutes is amended to read:

118.153 (1) (a) (intro.) "Children at risk" means pupils in grades 5 to 12 who are at risk of not graduating from high school because they failed the high school graduation examination administered under s. 118.30 (1m) (d), are dropouts, or are 2 or more of the following:

33,2007 Section 2007. 118.153 (4) (b) of the statutes is amended to read:

118.153 (4) (b) Upon receipt of a school board's annual report under par. (a) the state superintendent shall pay to the school district from the appropriation under s. 20.255 (2) (bc), for each pupil enrolled in a program for children at risk who achieved at least 3 of the objectives under par. (c) in the previous school year, additional state aid in an amount equal to 10% of the school district's average per pupil aids provided under s. 20.835 (7) (a), 1991 stats., and s. 20.255 (2) (ac) and (r) in the previous school year.