SB21: Bill Text

SB21,1233,17 111.89 (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 office division 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.

SB21,3169 Section 3169. 111.91 (4) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB21,1234,3 111.91 (4) The director of the office administrator of the division, 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.

SB21,3170 Section 3170 . 111.91 (4) of the statutes, as affected by 2011 Wisconsin Act 32 and 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1234,14 111.91 (4) The administrator of the division, 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 (c) and (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.

SB21,3171 Section 3171. 111.915 of the statutes is amended to read:

SB21,1234,22 111.915 Labor proposals. The director of the office administrator of the division 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.

SB21,3172 Section 3172. 111.92 (1) (a) 1. of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB21,1235,5 111.92 (1) (a) 1. Any tentative agreement reached between the office division 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 division to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval.

SB21,3173 Section 3173. 111.92 (1) (a) 1. and 4. of the statutes, as affected by 2011 Wisconsin Act 32 and 2015 Wisconsin Act .... (this act), are consolidated, renumbered 111.92 (1) and amended to read:

SB21,1236,5 111.92 (1) Any tentative agreement reached between the division 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 division to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval. 4. If the committee approves a the 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.

SB21,3174 Section 3174. 111.92 (1) (a) 2. of the statutes, as created by 2011 Wisconsin Act 32, is repealed.

SB21,3175 Section 3175. 111.92 (1) (a) 3. of the statutes, as created by 2011 Wisconsin Act 32, is repealed.

SB21,3176 Section 3176. 111.92 (1) (c) of the statutes is amended to read:

SB21,1236,16 111.92 (1) (c) Any tentative agreement reached between the governing board of the charter school established by contract under s. 118.40 (2r) (cm), 2013 stats., acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.825 (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.

SB21,3177 Section 3177. 111.92 (1) (c) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is repealed.

SB21,3178 Section 3178. 111.93 (3) (a) and (b) of the statutes, as affected by 2011 Wisconsin Act 32, are amended to read:

SB21,1237,3 111.93 (3) (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.

SB21,1237,10 (b) If a collective bargaining agreement exists between the employer and a labor organization representing general 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 of the University of Wisconsin System, related to wages, whether or not the matters contained in those statutes, rules, and policies are set forth in the collective bargaining agreement.

SB21,3179 Section 3179. 111.935 of the statutes, as affected by 2011 Wisconsin Act 32, is repealed.

SB21,3180 Section 3180. 112.07 (1) of the statutes is amended to read:

SB21,1238,15 112.07 (1) Notwithstanding any other provision of the statutes, any fiduciary, as defined in s. 112.01 (1) (b), who is holding securities in a fiduciary capacity, any bank or trust company holding securities as a custodian or managing agent, and any bank or trust company holding securities as custodian for a fiduciary may deposit or arrange for the deposit of such securities in a clearing corporation as defined in s. 408.102 (1) (e). When the securities are so deposited, certificates representing securities of the same class of the same issuer may be merged and held in bulk in the name of the nominee of the clearing corporation with any other such securities deposited in that clearing corporation by any person regardless of the ownership of the securities, and certificates of small denomination may be merged into one or more certificates of larger denomination. The records of the fiduciary and the records of the bank or trust company acting as custodian, as managing agent or as custodian for a fiduciary shall at all times show the name of the party for whose account the securities are so deposited. Ownership of, and other interests in, the securities may be transferred by bookkeeping entry on the books of the clearing corporation without physical delivery of certificates representing the securities. A bank or trust company which deposits securities pursuant to this section shall be subject to such rules and regulations as, in the case of state chartered institutions, the division of banking department of financial institutions and professional standards and, in the case of national banking associations, the comptroller of the currency may from time to time issue. A bank or trust company acting as custodian for a fiduciary shall, on demand by the fiduciary, certify in writing to the fiduciary the securities deposited by the bank or trust company in a clearing corporation pursuant to this section for the account of the fiduciary. A fiduciary shall, on demand by any party to a judicial proceeding for the settlement of the fiduciary's account or on demand by the attorney for such a party, certify in writing to the party the securities deposited by the fiduciary in the clearing corporation for its account as such fiduciary.

SB21,3181 Section 3181. 114.31 (6) of the statutes is amended to read:

SB21,1239,3 114.31 (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 Wisconsin Economic Development Corporation Forward Wisconsin Development Authority and all 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.

SB21,3182 Section 3182. 115.001 (1) of the statutes is amended to read:

SB21,1239,8 115.001 (1) Charter school. "Charter school" means a school under contract with a school board under s. 118.40 or with one of the entities an entity under s. 118.40 (2r) (b) 1., or a school established and operated by one of the entities an entity under s. 118.40 (2r) (b) 1. a. to d.

SB21,3183 Section 3183. 115.28 (7) (gs) of the statutes is created to read:

SB21,1239,11 115.28 (7) (gs) 1. Notwithstanding s. 118.19 (3), (4m), (6) to (9), and (12) to (14), grant a teaching license to any individual who satisfies all of the following:

SB21,1239,12 a. Has a bachelor's degree.

SB21,1239,14 b. Demonstrates by passing a competency exam approved by the department that he or she is proficient in the subject or subjects that he or she intends to teach.

SB21,1239,16 c. Has relevant experience, as determined by the department, in the subject or subjects that he or she intends to teach.

SB21,1239,20 2. A license under this paragraph authorizes the individual to teach only the subject or subjects in which he or she demonstrated proficiency and relevant experience in grades 6 to 12. The license is valid for 3 years and is renewable for 3-year periods.

SB21,3184 Section 3184. 115.28 (7g) (a) (intro.) of the statutes is amended to read:

SB21,1240,2 115.28 (7g) (a) (intro.) The department shall, in consultation with the governor's office, the chairpersons of the committees in the assembly and senate whose subject matter is elementary and secondary education and ranking members of those committees, the Board of Regents of the University of Wisconsin System Authority, and the Wisconsin Association of Independent Colleges and Universities, do all of the following:

SB21,3185 Section 3185. 115.28 (54m) of the statutes is created to read:

SB21,1240,10 115.28 (54m) Notice of educational options. Include on the home page of the department's Internet site a link to information about all of the educational options available to children in the state who are at least 3 years old but not yet 18 years old, including public schools, private schools participating in a parental choice program, charter schools, virtual schools, full-time open enrollment, youth options, course options, and options for pupils enrolled in a home-based private educational program.

SB21,3186 Section 3186. 115.28 (61) of the statutes is created to read:

SB21,1240,13 115.28 (61) Whole grade sharing feasibility studies. Approve organizations to conduct feasibility studies under s. 118.50 (2) (c).

SB21,3187 Section 3187. 115.29 (1) of the statutes is amended to read:

SB21,1240,18 115.29 (1) Designate representative. Designate the deputy state superintendent or another employee of the department as the state superintendent's representative on any body on which the state superintendent is required to serve, except the board of regents of the University of Wisconsin System Authority.

SB21,3188 Section 3188. 115.29 (8) of the statutes is created to read:

SB21,1240,23 115.29 (8) Alternative data collection method; low-income pupils. Use an alternative data collection method established by the department to identify pupils who satisfy the income eligibility criteria for a free or reduced-price lunch under 42 USC 1758 (b) (1).

SB21,3189 Section 3189. 115.293 of the statutes is created to read:

SB21,1241,4 115.293 Smarter Balanced Assessment Consortium; Common Core State Standards Initiative; prohibition. (1) Beginning on the effective date of this subsection .... [LRB inserts date], the state superintendent shall cease all participation in the Smarter Balanced Assessment Consortium.

SB21,1241,9 (2) The state superintendent may not give effect to any academic standard developed by the Common Core State Standards Initiative and adopted and implemented in this state before the effective date of this subsection .... [LRB inserts date]. The state superintendent may not require any school board to give effect to any such academic standard.

SB21,1241,13 (3) Beginning on the effective date of this subsection .... [LRB inserts date], the state superintendent may not take any action to adopt or implement any academic standard developed by the Common Core State Standards Initiative, and may not direct any school board to adopt or implement any such standard.

SB21,3190 Section 3190. 115.297 (1) (a) of the statutes is amended to read:

SB21,1241,18 115.297 (1) (a) "Agencies" means the department, the board of regents of the University of Wisconsin System Authority, the department of children and families, the department of workforce development, the technical college system board, and the Wisconsin Association of Independent Colleges and Universities.

SB21,3191 Section 3191. 115.297 (5) (b) of the statutes is amended to read:

SB21,1241,22 115.297 (5) (b) Failure of any of the agencies to enter into a written agreement under sub. (3) does not affect the powers and duties conferred upon the other agencies under this section or under s. 36.11 (31) or 38.04 (19).

SB21,3192 Section 3192. 115.343 (2) (b) of the statutes is amended to read:

SB21,1241,25 115.343 (2) (b) The child meets the income eligibility standard for a free or reduced-price lunch in the federal school lunch program under 42 USC 1758 (b) (1).

SB21,3193 Section 3193. 115.367 of the statutes is repealed.

SB21,3194 Section 3194. 115.385 (1) (a) (intro.) of the statutes is amended to read:

SB21,1242,5 115.385 (1) (a) (intro.) Multiple measures to determine a school's performance or a school district's improvement, including all of the following categorized by English language proficiency, disability, income level, and race or ethnicity:

SB21,3195 Section 3195. 115.385 (1) (a) 1. of the statutes is amended to read:

SB21,1242,7 115.385 (1) (a) 1. Pupil achievement and growth in reading and mathematics.

SB21,3196 Section 3196. 115.385 (1) (a) 1m. of the statutes is created to read:

SB21,1242,10 115.385 (1) (a) 1m. Growth in pupil achievement in reading and mathematics, calculated using a value-added methodology.

SB21,3197 Section 3197. 115.385 (1) (a) 2. of the statutes is repealed.

SB21,3198 Section 3198. 115.385 (1) (a) 3. of the statutes is amended to read:

SB21,1242,15 115.385 (1) (a) 3. Gaps Gap closure in pupil achievement in reading and mathematics and, when available, rates of graduation, categorized by race, English language proficiency, disability, and income level.

SB21,3199 Section 3199. 115.385 (1) (a) 4. of the statutes is created to read:

SB21,1242,17 115.385 (1) (a) 4. Rates of attendance or of high school graduation.

SB21,3200 Section 3200. 115.385 (1) (b) of the statutes is renumbered 115.385 (1) (b) (intro.) and amended to read:

SB21,1242,23 115.385 (1) (b) (intro.) An index system to identify a school's level of performance and a school district's level of improvement and to annually place assign to each school into and school district one of 5 performance categories. the following grade levels:

SB21,3201 Section 3201. 115.385 (1) (b) 1. of the statutes is created to read:

SB21,1242,25 115.385 (1) (b) 1. "A — Significantly Exceeds Expectations."

SB21,3202 Section 3202. 115.385 (1) (b) 2. of the statutes is created to read:

SB21,1243,2 115.385 (1) (b) 2. "B — Exceeds Expectations."

SB21,3203 Section 3203. 115.385 (1) (b) 3. of the statutes is created to read:

SB21,1243,4 115.385 (1) (b) 3. "C — Meets Expectations."

SB21,3204 Section 3204. 115.385 (1) (b) 4. of the statutes is created to read:

SB21,1243,6 115.385 (1) (b) 4. "D — Meets Few Expectations."

SB21,3205 Section 3205. 115.385 (1) (b) 5. of the statutes is created to read:

SB21,1243,8 115.385 (1) (b) 5. "F — Fails to Meet Expectations."

SB21,3206 Section 3206. 115.385 (1) (c) of the statutes is created to read:

SB21,1243,10 115.385 (1) (c) A qualitative definition for each of the 5 grade levels in par. (b).

SB21,3207 Section 3207. 115.385 (1m) of the statutes is created to read:

SB21,1243,13 115.385 (1m) For purposes of determining a school's performance or a school district's improvement under sub. (1) all of the following apply:

SB21,1243,15 (a) The department may not include the following pupils or pupil assessment scores:

SB21,1243,18 a. A pupil who attended a private school under the program under s. 118.60 or 119.23 in the 8th grade and who transfers to a public school, including a charter school, for the 9th grade.

SB21,1243,21 b. A pupil who was enrolled in a public school, including a charter school, in the 8th grade and who transfers to a private school under the program under s. 118.60 or 119.23 for the 9th grade.

SB21,1243,23 c. A pupil, other than a pupil enrolled in the 9th grade, who was enrolled in the school or school district for less than one year prior to taking the pupil assessment.

SB21,1244,2 (b) 1. Subject to subd. 2., if the department uses pupil assessment scores to determine a school's performance or a school district's improvement, the department shall account for the length of time a pupil was enrolled in the school or school district prior to taking the pupil assessment by weighting pupil assessment scores as follows:

SB21,1244,4 a. For a pupil who was enrolled in the school or school district for at least one year but less than 2 years prior to taking the pupil assessment, multiply by 1.