AB40: Bill Text

AB40, s. 2414 Section 2414. 111.81 (17m) of the statutes is amended to read:

AB40,958,17 111.81 (17m) "Research assistant" means a graduate student enrolled in the University of Wisconsin System or at the University of Wisconsin-Madison who is receiving a stipend to conduct research that is primarily for the benefit of the student's own learning and research and which is independent or self-directed, but does not include students provided fellowships, scholarships, or traineeships which are distributed through other titles such as advanced opportunity fellow, fellow, scholar, or trainee, and does not include students with either an F-1 or a J-1 visa issued by the federal department of state.

AB40, s. 2415 Section 2415. 111.81 (19m) of the statutes is amended to read:

AB40,958,23 111.81 (19m) "Teaching assistant" means a graduate student enrolled in the University of Wisconsin System or at the University of Wisconsin-Madison who is regularly assigned teaching and related responsibilities, other than manual or clerical responsibilities, under the supervision of a member of the faculty as defined in s. 36.05 (8) or 37.01 (5).

AB40, s. 2416 Section 2416. 111.815 (1) of the statutes is amended to read:

AB40,960,4 111.815 (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 except that the department of health services, subject to the approval of the federal centers for medicare and medicaid services to use collective bargaining as the method of setting rates for reimbursement of home care providers, shall negotiate and administer collective bargaining agreements entered into with the collective bargaining unit specified in s. 111.825 (2g). To coordinate the employer position in the negotiation of agreements, the office, or the department of health services with regard to collective bargaining agreements entered into with the collective bargaining unit specified in s. 111.825 (2g), 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 (1g), (1m), (2) (f), and (2g), 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 (1g), the University of Wisconsin-Madison is responsible for the employer functions under this subchapter. 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) (b) 1. e. is responsible for the employer functions under this subchapter. With respect to the collective bargaining unit specified in s. 111.825 (2g), the department of health services is responsible for the employer functions of the executive branch under this subchapter.

AB40, s. 2417 Section 2417. 111.815 (2) of the statutes is amended to read:

AB40,960,12 111.815 (2) In the furtherance of the policy under s. 111.80 (4), 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 units specified in s. 111.825 (1g), (1m), (2) (f), and (2g). The director of the office shall establish and maintain, wherever practicable, consistent employment relations policies and practices throughout the state service.

AB40, s. 2418 Section 2418. 111.825 (1g) of the statutes is created to read:

AB40,960,16 111.825 (1g) Collective bargaining units at the University of Wisconsin-Madison are structured with one or more collective bargaining units for each of the following groups:

AB40,960,18 (a) Program assistants; project assistants; and teaching assistants of the University of Wisconsin-Madison.

AB40,960,19 (b) Research assistants of the University of Wisconsin-Madison.

AB40,960,20 (c) Employees under s. 111.81 (7) (h) who are not included under par. (a) or (b).

AB40, s. 2419 Section 2419. 111.825 (2) (a) of the statutes is amended to read:

AB40,960,23 111.825 (2) (a) The program, project and teaching assistants of the University of Wisconsin-Madison and the University of Wisconsin-Extension.

AB40, s. 2420 Section 2420. 111.825 (2) (f) of the statutes is amended to read:

AB40,961,3 111.825 (2) (f) Instructional staff employed by the board of regents of the University of Wisconsin System who provide services for a charter school established by contract under s. 118.40 (2r) (cm) (b) 1. e.

AB40, s. 2421 Section 2421. 111.825 (2) (g) of the statutes is amended to read:

AB40,961,6 111.825 (2) (g) Research assistants of the University of Wisconsin-Madison and University of Wisconsin-Extension.

AB40, s. 2422 Section 2422. 111.825 (3) of the statutes is amended to read:

AB40,961,9 111.825 (3) The commission shall assign employees to the appropriate collective bargaining units set forth in subs. (1), (1g), (1m), (2), and (2g).

AB40, s. 2423 Section 2423. 111.825 (4) of the statutes is amended to read:

AB40,961,18 111.825 (4) Any labor organization may petition for recognition as the exclusive representative of a collective bargaining unit specified in sub. (1), (1g), (1m), (2), or (2g) 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.

AB40, s. 2424 Section 2424. 111.84 (2) (c) of the statutes is amended to read:

AB40,962,2 111.84 (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) to (g) (h) 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.

AB40, s. 2425 Section 2425. 111.91 (2) (n) of the statutes is amended to read:

AB40,962,5 111.91 (2) (n) The provision to employees of the health insurance coverage required under s. 632.895 (11) to (14), (16), and (16m) and (17).

AB40, s. 2426 Section 2426. 111.915 of the statutes is amended to read:

AB40,962,13 111.915 Labor proposals. The Except with respect to a collective bargaining unit specified in s. 111.825 (1g), the 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.

AB40, s. 2427 Section 2427. 111.92 (1) (am) of the statutes is created to read:

AB40,962,18 111.92 (1) (am) 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 (1g) shall, after official ratification by the labor organization, be executed by the parties.

AB40, s. 2428 Section 2428. 111.92 (1) (c) of the statutes is amended to read:

AB40,962,25 111.92 (1) (c) Any tentative agreement reached between the governing board of the a charter school established by contract under s. 118.40 (2r) (cm) (b) 1. e., acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.825 (2) (f) shall, after official ratification by the labor organization and approval by the chancellor of the University of Wisconsin-Parkside, be executed by the parties.

AB40, s. 2429 Section 2429. 111.93 (2) of the statutes is amended to read:

AB40,963,7 111.93 (2) All civil service and other applicable statutes concerning wages, fringe benefits, hours and conditions of employment apply to employees specified in s. 111.81 (7) (a) who are not included in collective bargaining units for which a representative is recognized or certified and to employees specified in s. 111.81 (7) (b) to (f) and (h) who are not included in a collective bargaining unit for which a representative is certified.

AB40, s. 2430 Section 2430. 111.93 (3) of the statutes is amended to read:

AB40,963,18 111.93 (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 board of regents Board of Regents of the University of Wisconsin System and rules and policies of the Board of Trustees of the University of Wisconsin-Madison, 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.

AB40, s. 2431 Section 2431. 111.935 (2) of the statutes is amended to read:

AB40,964,2 111.935 (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 (1g) (b) or (2) (g), (h), or (i) 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.

AB40, s. 2432 Section 2432. 114.31 (6) of the statutes is amended to read:

AB40,964,15 114.31 (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.

AB40, s. 2433 Section 2433. 114.33 (10) of the statutes is amended to read:

AB40,965,6 114.33 (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. 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.

AB40, s. 2434 Section 2434. 115.001 (11) of the statutes is amended to read:

AB40,965,10 115.001 (11) School nurse. "School nurse" means a registered nurse licensed under s. 441.06 or in a party state, as defined in s. 441.50 (2) (j) , who also meets the qualifications for school nurses prescribed by the department by rule.

AB40, s. 2435 Section 2435. 115.01 (10) (a) of the statutes is renumbered 115.01 (10).

AB40, s. 2436 Section 2436. 115.01 (10) (b) of the statutes is repealed.

AB40, s. 2437 Section 2437. 115.28 (12) of the statutes is created to read:

AB40,965,22 115.28 (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. Annually by May 1, the state superintendent shall submit to the governor a plan for the expenditure of moneys appropriated in s. 20.255 (1) (e) in the succeeding fiscal year. The state superintendent may not expend or encumber moneys appropriated under s. 20.255 (1) (e) in any fiscal year unless the governor approves the plan for that fiscal year.

AB40,966,2 (b) Charge a fee, on a per pupil basis, to any school district that uses the system under par. (a). The state superintendent may charge a fee to any other person that uses the system. All fees shall be credited to the appropriation account under s. 20.255 (1) (jm).

AB40, s. 2438 Section 2438. 115.28 (24) of the statutes is amended to read:

AB40,966,9 115.28 (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).

AB40, s. 2439 Section 2439. 115.28 (35) of the statutes is repealed.

AB40, s. 2440 Section 2440. 115.28 (39) of the statutes is amended to read:

AB40,966,17 115.28 (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).

AB40, s. 2441 Section 2441. 115.28 (45) of the statutes is repealed.

AB40, s. 2442 Section 2442. 115.28 (46) of the statutes is repealed.

AB40, s. 2443 Section 2443. 115.28 (47) of the statutes is repealed.

AB40, s. 2444 Section 2444. 115.297 (1) (a) of the statutes is amended to read:

AB40,966,25 115.297 (1) (a) "Agencies" means the department, the board of regents Board of Regents of the University of Wisconsin System, the Board of Trustees of the University of Wisconsin–Madison, the technical college system board, and the Wisconsin Association of Independent Colleges and Universities.

AB40, s. 2445 Section 2445. 115.31 (1) (b) of the statutes is amended to read:

AB40,967,10 115.31 (1) (b) "Educational agency" means a school district, cooperative educational service agency, state correctional institution under s. 302.01, juvenile correctional facility, as defined in s. 938.02 (10p), secured residential care center for children and youth, as defined in s. 938.02 (15g), the Wisconsin Center for the Blind and Visually Impaired, the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, the Mendota Mental Health Institute, the Winnebago Mental Health Institute, a state center for the developmentally disabled, or a private school, or a private, nonprofit, nonsectarian agency under contract with a school board under s. 118.153 (3) (c).

AB40, s. 2446 Section 2446. 115.33 (2) (a) (intro.) of the statutes is amended to read:

AB40,967,14 115.33 (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:

AB40, s. 2447 Section 2447. 115.33 (2) (b) of the statutes is amended to read:

AB40,967,18 115.33 (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).

AB40, s. 2448 Section 2448. 115.33 (3) (a) of the statutes is amended to read:

AB40,967,25 115.33 (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).

AB40, s. 2449 Section 2449. 115.33 (3) (b) 1. of the statutes is amended to read:

AB40,968,13 115.33 (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.

AB40, s. 2450 Section 2450. 115.347 (2) of the statutes is amended to read:

AB40,968,25 115.347 (2) Whenever a school district that is located in whole or in part in a county that has converted to the client assistance for reemployment and economic support data system submits a report under sub. (1) in the prescribed format, the department of children and families shall determine which children enrolled in the school district are members of Wisconsin Works groups participating under s. 49.147 (3) to (5) or of families receiving aid to families with dependent children or food stamps benefits under the supplemental nutrition assistance program under 7 USC 2011 to 2036 and shall provide the information to the school board as soon thereafter as possible. The school board shall use the information to directly certify children as eligible for free or reduced-price meals served by the school district under federal school nutrition programs, pursuant to 42 USC 1758 (b) (2) (C) (ii) and (iii).

AB40, s. 2451 Section 2451. 115.361 of the statutes is repealed.

AB40, s. 2452 Section 2452. 115.366 of the statutes is repealed.

AB40, s. 2453 Section 2453. 115.39 of the statutes is repealed.

AB40, s. 2454 Section 2454. 115.405 (2m) of the statutes is repealed.

AB40, s. 2455 Section 2455. 115.43 (2) (b) of the statutes is amended to read:

AB40,969,12 115.43 (2) (b) From the appropriation under s. 20.255 (3) (fz), award precollege scholarships, on a competitive basis, to economically disadvantaged pupils who enroll in a technical college or in college or university classes or programs designed to improve academic skills that are essential for success in postsecondary school education. The state superintendent shall give preference to economically disadvantaged pupils who are inadequately represented in the technical college and University of Wisconsin Systems and the University of Wisconsin–Madison.

AB40, s. 2456 Section 2456. 115.435 of the statutes is repealed.

AB40, s. 2457 Section 2457. 115.45 of the statutes is repealed.

AB40, s. 2458 Section 2458. 115.53 (3) (a) and (b) of the statutes are consolidated, renumbered 115.53 (3) and amended to read:

AB40,969,23 115.53 (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).

AB40, s. 2459 Section 2459. 115.53 (4) (unnumbered first par.) and (a) of the statutes are consolidated, renumbered 115.53 (4) and amended to read:

AB40,970,10 115.53 (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.

AB40, s. 2460 Section 2460. 115.53 (4) (b) of the statutes is repealed.