111.83 (5) (c) Notwithstanding s. 111.825 (2) (c) (1r) (ec), the employees at any institution included within the collective bargaining unit at which no petition is filed and no election is held or at which the employees indicate, by a majority of those voting in an election, a desire not to participate in collective bargaining are not considered to be a part of that collective bargaining unit.
32,2410s
Section 2410s. 111.83 (7) of the statutes is renumbered 111.83 (7) (a).
32,2410t
Section 2410t. 111.83 (7) (b) of the statutes is created to read:
111.83 (7) (b) Notwithstanding subs. (1), (3) and (6) and s. 111.825 (4), if on the effective date of this paragraph ... [LRB inserts date], there is a representative recognized or certified to represent the employees in any of the collective bargaining units specified in s. 111.825 (1) (a) to (f), that representative shall become the representative of the employees in the corresponding collective bargaining units specified in s. 111.825 (1r) (a) to (f) or (1t) (a) to (f), whichever is appropriate, without the necessity of filing a petition or conducting an election, subject to the right of any person to file a petition under this section during October 2014 or at any subsequent time when sub. (6) applies.
32,2410u
Section 2410u. 111.84 (2) (c) of the statutes is amended to read:
111.84 (2) (c) To refuse to bargain collectively on matters set forth in s. 111.91 (1) 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) (b) (ar) to (g) 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.
32,2410v
Section 2410v. 111.85 (5) of the statutes is renumbered 111.85 (5) (a).
32,2410w
Section 2410w. 111.85 (5) (b) of the statutes is created to read:
111.85 (5) (b) Notwithstanding sub. (1), if on the effective date of this paragraph .... [LRB inserts date], there is a fair-share or maintenance of membership agreement in effect in any of the collective bargaining units specified in s. 111.825 (1) (a) to (f), that fair-share or maintenance of membership agreement shall apply to the corresponding collective bargaining unit under s. 111.825 (1r) (a) to (f) or (1t) (a) to (f), whichever is appropriate, without the necessity of filing a petition or conducting a referendum, subject to the right of the employees in each collective bargaining unit to file a petition requesting a referendum under sub. (2) (a).
111.91 (1) (cm) Except as provided in sub. (2) (g) and (h) and ss. 40.02 (22) (e) and 40.23 (1) (f) 4., all laws governing the Wisconsin retirement system under ch. 40 and all actions of the employer that are authorized under any such law which apply to nonrepresented individuals employed by the state shall apply to similarly situated public safety employees, unless otherwise specifically provided in a collective bargaining agreement that applies to the public safety employees.
32,2424jp
Section 2424jp. 111.91 (2) (fm) of the statutes is created to read:
111.91 (2) (fm) If the collective bargaining unit contains a public safety employee initially employed on or after the effective date of this paragraph .... [LRB inserts date], the requirement under s. 40.05 (1) (b) that the employer may not pay, on behalf of that public safety employee, any employee required contributions or the employee share of required contributions and the impact of this requirement on the wages, hours, and conditions of employment of that public safety employee.
111.91 (3) (b) 2. If there is a decrease or no change in the consumer price index change, provides for any change in total base wages for authorized positions in the proposed collective bargaining agreement from the total base wages for authorized positions 180 days before the expiration of the previous collective bargaining agreement.
32,2426c
Section 2426c. 111.91 (4) of the statutes is amended to read:
111.91 (4) The director of the office, in connection with the development of tentative collective bargaining agreements to be submitted under s. 111.92 (1) (a) 1., 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.
32,2426g
Section 2426g. 111.92 (1) (a) of the statutes is renumbered 111.92 (1) (a) 1. and amended to read:
111.92 (1) (a) 1. Any tentative agreement reached between the office, or, as provided in s. 111.815 (1), the department of health services, acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.825 (1), (2) (a) to
(d) or (e), or (2g) shall, after official ratification by the labor organization, be submitted by the office or department of health services to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval.
4. If the committee approves the
a tentative agreement under subd. 1., 2., or 3., 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.
32,2426L
Section 2426L. 111.92 (1) (a) 2. and 3. of the statutes are created to read:
111.92 (1) (a) 2. Any tentative agreement reached between the Board of Regents of the University of Wisconsin System, acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.825 (1r) shall, after official ratification by the labor organization, be submitted by the Board of Regents of the University of Wisconsin System to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval.
3. Any tentative agreement reached between the University of Wisconsin-Madison, acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.825 (1t) shall, after official ratification by the labor organization
and approval by the Board of Regents of the University of Wisconsin System , be submitted by the University of Wisconsin-Madison to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval.
32,2426p
Section 2426p. 111.92 (1) (c) of the statutes is amended to read:
111.92 (1) (c) Any tentative agreement reached between the governing board of the charter school established by contract under s. 118.40 (2r) (cm), acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.825 (2) (f)
(1r) (ef) shall, after official ratification by the labor organization and approval by the chancellor of the University of Wisconsin-Parkside, be executed by the parties.
32,2426t
Section 2426t. 111.93 (3) of the statutes is amended to read:
111.93 (3) Except as provided in ss. 7.33 (4), 40.05, 40.80 (3), 111.91 (1) (cm), 230.35 (2d) and (3) (e) 6., and 230.88 (2) (b), if a collective bargaining agreement exists between the employer and a labor organization representing employees in a collective bargaining unit, 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.
32,2426x
Section 2426x. 111.935 (2) of the statutes is amended to read:
111.935 (2) Notwithstanding s. 111.83 (2), the commission shall establish a procedure whereby research assistants may determine whether to form themselves into collective bargaining units under s. 111.825 (2) (g), (h), or (i) (1r) (eh), (ei), or (er) or (1t) (er) by authorization cards in lieu of secret ballot. The procedure shall provide that once a majority of research assistants have indicated their preference on the authorization cards to form themselves into a collective bargaining unit, the collective bargaining unit is established.
32,2432
Section
2432. 114.31 (6) of the statutes is amended to read:
114.31 (6) Technical services to municipalities. The secretary may, insofar as is reasonably possible, offer the engineering or other technical service of the department, to any municipality desiring them in connection with the construction, maintenance or operation or proposed construction, maintenance or operation of an airport. The secretary may assess reasonable costs for services including services performed while acting as agent for a municipality. Such assessment shall include properly allocated administrative costs. Municipalities are authorized to cooperate with the secretary in the development of aeronautics and aeronautical facilities in this state. The department of commerce Wisconsin Economic Development Corporation and all other agencies are authorized and directed to make available such facilities and services, and to cooperate as far as possible to promote the best interests of aeronautics of the state.
32,2433
Section
2433. 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. 560.9810 16.310. 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. This subsection does not apply to real property that is sold under s. 16.848.
32,2437
Section
2437. 115.28 (12) of the statutes is created to read:
115.28 (12) Student information system. (a) Working with the office of the governor, establish a student information system to collect and maintain information about pupils enrolled in public schools, including their academic performance and demographic information, aggregated by school district, school, and teacher.
(b) Ensure that within 5 years of the establishment of the system under par. (a), every school district is using the system. The state superintendent may promulgate rules authorizing the department to charge a fee to any person that uses the system. All fees shall be credited to the appropriation account under s. 20.255 (1) (jm).
32,2438
Section
2438. 115.28 (24) of the statutes is amended to read:
115.28
(24) Priority in awarding grants. Give priority in awarding grants to school boards under
ss.
s. 115.36
and 115.361, and in awarding grants from federal funds received under
20 USC 2301 to
2471,
20 USC 4601 to
4665 and
29 USC 2862 (b) (1) (B), to programs that provide more than one of the educational services specified under s. 115.36,
115.361, 115.915, 118.01 (2) (d) 7. or 8. or 118.153 or
20 USC 2301 to
2471,
20 USC 4601 to
4665 or
29 USC 2862 (b) (1) (B).
32,2439
Section
2439. 115.28 (35) of the statutes is repealed.
32,2440
Section
2440. 115.28 (39) of the statutes is amended to read:
115.28 (39) Alcohol and other drug abuse report. By July 1, 1998, and biennially
Biennially by July 1 thereafter, evaluate the effectiveness of the programs under ss. s. 115.36 and 115.361 and submit a report to the legislature under s. 13.172 (2). To satisfy this reporting requirement as it pertains to s. 115.361, the department may incorporate into the report under this subsection the report required under s. 115.361 (2).
32,2441
Section
2441. 115.28 (45) of the statutes is repealed.
32,2442
Section
2442. 115.28 (46) of the statutes is repealed.
32,2443
Section
2443. 115.28 (47) of the statutes is repealed.
32,2446
Section
2446. 115.33 (2) (a) (intro.) of the statutes is amended to read:
115.33 (2) (a) (intro.) The state superintendent may request the department of commerce safety and professional services to inspect a public school if any of the following occurs:
32,2447
Section
2447. 115.33 (2) (b) of the statutes is amended to read:
115.33 (2) (b) The department of commerce safety and professional services shall inspect the school within 30 days after receiving a request from the state superintendent under par. (a).
32,2448
Section
2448. 115.33 (3) (a) of the statutes is amended to read:
115.33 (3) (a) If the state superintendent determines that a school is not in compliance, and the department of commerce safety and professional services, based on its inspection of the school, concurs in the determination, the state superintendent may order the school board to repair, improve, remodel or close the school by a stated date. An order issued under this paragraph constitutes a preliminary finding of noncompliance with the standard under s. 121.02 (1) (i).
32,2449
Section
2449. 115.33 (3) (b) 1. of the statutes is amended to read:
115.33 (3) (b) 1. If the state superintendent determines that a school is not in compliance and is not worth repairing, and the department of commerce safety and professional services, based on its inspection of the school, concurs in the determination, the state superintendent may order the school board to develop a plan that describes how the school board will achieve compliance with the standard under s. 121.02 (1) (i). The plan shall specify the time within which compliance with the standard under s. 121.02 (1) (i) shall be achieved. The state superintendent shall hold a public hearing on the plan in the school district and may, as a result of the hearing, recommend changes to the plan. The state superintendent may withhold up to 25% of the school district's state aid if the school district fails to achieve compliance with the standard under s. 121.02 (1) (i) within the period specified in the plan.
32,2451
Section
2451. 115.361 of the statutes is repealed.
32,2453
Section
2453. 115.39 of the statutes is repealed.
32,2454
Section
2454. 115.405 (2m) of the statutes is repealed.
32,2457
Section
2457. 115.45 of the statutes is repealed.
32,2458
Section
2458. 115.53 (3) (a) and (b) of the statutes are consolidated, renumbered 115.53 (3) and amended to read:
115.53 (3) Arrange for otological or ophthalmic examination of any pupil or prospective pupil of the school operated by the Wisconsin Educational Services Program for the Deaf and Hard of Hearing. The examination shall be paid for from the appropriation in s. 20.255 (1) (b), (gh) or (gs). (b) Arrange for ophthalmic or otological examination of any pupil or prospective pupil of or the school operated by the Wisconsin Center for the Blind and Visually Impaired. The examination shall be paid for from the appropriation in
under s. 20.255 (1) (b), (gh), (gL), or (gs).
32,2459
Section
2459. 115.53 (4) (unnumbered first par.) and (a) of the statutes are consolidated, renumbered 115.53 (4) and amended to read:
115.53 (4) Apply to the board of directors of the University of Wisconsin Hospitals and Clinics Authority for admission to the University of Wisconsin Hospitals and Clinics of any pupil at the school operated by the Wisconsin Educational Services Program for the Deaf and Hard of Hearing or the school operated by the Wisconsin Center for the Blind and Visually Impaired. (a) The application shall be accompanied by the report of a physician appointed by the director of the Wisconsin Educational Services Program for the Deaf and Hard of Hearing or the director of the Wisconsin Center for the Blind and Visually Impaired and shall be in the same form as reports of other physicians for admission of patients to such hospital.
32,2460
Section
2460. 115.53 (4) (b) of the statutes is repealed.
32,2472
Section
2472. 118.07 (2) (b) of the statutes is amended to read:
118.07 (2) (b) In each community having a recognized fire department, the person having direct charge of any public or private school shall annually file a report pertaining to such drills, on a form furnished by the department of commerce safety and professional services, with the chief of the fire department. When no fire drill is held during any month, or when only one or no tornado or other hazard drill is held in a year, the person having direct charge of the school shall state the reasons in the report.
32,2473
Section
2473. 118.075 (2) (a) 2. of the statutes is amended to read:
118.075 (2) (a) 2. The secretary of commerce safety and professional services or his or her designee.
32,2476m
Section 2476m. 118.125 (4) of the statutes is amended to read:
118.125 (4) Transfer of records. Within 5 working days, a school district and a private school participating in the program under s. 118.60 or in the program under s. 119.23 shall transfer to another school, including a private or tribal school, or school district all pupil records relating to a specific pupil if the transferring school district or private school has received written notice from the pupil if he or she is an adult or his or her parent or guardian if the pupil is a minor that the pupil intends to enroll in the other school or school district or written notice from the other school or school district that the pupil has enrolled or from a court that the pupil has been placed in a juvenile correctional facility, as defined in s. 938.02 (10p), or a secured residential care center for children and youth, as defined in s. 938.02 (15g). In this subsection, "school" and "school district" include any juvenile correctional facility, secured residential care center for children and youth, adult correctional institution, mental health institute, or center for the developmentally disabled that provides an educational program for its residents instead of or in addition to that which is provided by public, private, and tribal schools.
32,2476p
Section 2476p. 118.134 (3) (a) of the statutes is amended to read:
118.134 (3) (a) The state superintendent shall issue a decision and order within 45 days after the hearing. If the state superintendent finds that the use of the race-based nickname, logo, mascot, or team name does not promote discrimination, pupil harassment, or stereotyping, the state superintendent shall dismiss the complaint. Except as provided in par. pars. (b) and (d), if the state superintendent finds that the use of the race-based nickname, logo, mascot, or team name promotes discrimination, pupil harassment, or stereotyping, the state superintendent shall order the school board to terminate its use of the race-based nickname, logo, mascot, or team name within 12 months after issuance of the order.
32,2476r
Section 2476r. 118.134 (3) (d) of the statutes is created to read:
118.134 (3) (d) No school district required by a decision and order issued under this subsection on or before the effective date of this paragraph .... [LRB inserts date], to terminate the use of a race-based nickname, logo, mascot, or team name shall be required to comply with the terms of that decision and order until January 15, 2013.
32,2477
Section
2477. 118.135 (2) of the statutes is amended to read:
118.135 (2) A pupil who complies with a request under sub. (1) shall provide evidence of an eye examination or evaluation by December 31 following the pupil's enrollment in kindergarten. The school board or charter school shall provide pupils with the form distributed by the department of regulation and licensing safety and professional services under s. 440.03 (16) for that purpose.
32,2482m
Section 2482m. 118.153 (3) (c) 2. of the statutes is amended to read:
118.153 (3) (c) 2. The school board may contract with the agencies identified under subd. 1. for not more than 30% of the children at risk enrolled in the school district if the school board determines that the agencies can adequately serve such children.
32,2488b
Section 2488b. 118.30 (1g) (a) 4. of the statutes is created to read:
118.30 (1g) (a) 4. The governing body of each private school participating in the program under s. 118.60 shall adopt pupil academic standards in mathematics, science, reading and writing, geography, and history. The governing body of the private school may adopt the pupil academic standards issued by the governor as executive order no. 326, dated January 13, 1998.
32,2488e
Section 2488e. 118.30 (1t) of the statutes is created to read:
118.30 (1t) Annually, the governing body of each private school participating in the program under s. 118.60 shall do all of the following:
(a) Administer the 4th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 4th grade in the private school under s. 118.60.
(b) Administer the 8th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 8th grade in the private school under s. 118.60.
(c) Administer the 10th grade examination adopted or approved by the state superintendent under sub. (1) to all pupils attending the 10th grade in the private school under s. 118.60.
(d) Administer to pupils attending the private school under s. 118.60 all other examinations in reading, mathematics, and science that are required to be administered to public school pupils under
20 USC 6311 (b) (3).
32,2488h
Section 2488h. 118.30 (2) (b) 1. of the statutes is amended to read:
118.30 (2) (b) 1. If a pupil is enrolled in a special education program under subch. V of ch. 115, the school board, operator of the charter school under s. 118.40 (2r), governing body of the private school participating in the program under s. 118.60, or governing body of the private school participating in the program under s. 119.23 shall comply with s. 115.77 (1m) (bg).
32,2488L
Section 2488L. 118.30 (2) (b) 2. of the statutes is amended to read:
118.30 (2) (b) 2. According to criteria established by the state superintendent by rule, the school board, operator of the charter school under s. 118.40 (2r), governing body of the private school participating in the program under s. 118.60, or governing body of the private school participating in the program under s. 119.23 may determine not to administer an examination under this section to a limited-English speaking pupil, as defined under s. 115.955 (7), may permit the pupil to be examined in his or her native language, or may modify the format and administration of an examination for such pupils.
32,2488p
Section 2488p. 118.30 (2) (b) 6. of the statutes is created to read:
118.30 (2) (b) 6. Upon the request of a pupil's parent or guardian, the governing body of a private school participating in the program under s. 118.60 shall excuse the pupil from taking an examination administered under sub. (1t) (a) to (c).
