1995 Wisconsin Act 27

27,3839m Section 3839m. 111.91 (1) (am) of the statutes is created to read:

111.91 (1) (am) In collective bargaining units specified in s. 111.825 (1m), the right of the employer to transfer employes from one position to another position and the right of employes to be transferred from one position to another position is a subject of bargaining.

27,3840 Section 3840 . 111.91 (2) (a) of the statutes is amended to read:

111.91 (2) (a) The mission and goals of state agencies and the University of Wisconsin Hospitals and Clinics Authority as set forth in the statutes.

27,3841 Section 3841 . 111.91 (2) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

111.91 (2) (a) The mission and goals of state agencies as set forth in the statutes.

27,3841m Section 3841m. 111.91 (4) of the statutes is amended to read:

111.91 (4) The secretary of the department, 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 employes or supervisors of employes specified in s. 111.81 (7) (a) and with each certified labor organization representing employes specified in s. 111.81 (7) (b) or (c) which do not contain any provision for the payment to any employe of a cumulative or noncumulative amount of compensation in recognition of or based on the period of time an employe has been employed by the state.

27,3841n Section 3841n. 111.92 (1) of the statutes is renumbered 111.92 (1) (a) and amended to read:

111.92 (1) (a) Any tentative agreement reached between the department, acting for the executive branch state, and any labor organization representing a collective bargaining unit specified in s. 111.825 (1) or (2) shall, after official ratification by the labor organization, be submitted by the department 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.

27,3841p Section 3841p. 111.92 (1) (b) of the statutes is created to read:

111.92 (1) (b) Any tentative agreement reached between the University of Wisconsin Hospitals and Clinics Board, acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.825 (1m) shall, after official ratification by the labor organization, be executed by the parties.

27,3842 Section 3842 . 111.92 (5) of the statutes is amended to read:

111.92 (5) Notwithstanding any other provision of the statutes, all compensation adjustments for state employes shall be effective on the beginning date of the pay period nearest the statutory or administrative date.

27,3843e Section 3843e. 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 prescribed, established by rule, by the commission at a uniform rate of not less than 60 cents per page. All transcript fees shall be deposited into the general fund credited to the appropriation account under s. 20.425 (1) (i), except that fees collected in excess of 60 cents the uniform rate per page for any transcript produced by a reporter who is not employed by the commission shall be deposited under credited to the appropriation in account under s. 20.425 (1) (g).

27,3843s Section 3843s. 111.94 (2) of the statutes is amended to read:

111.94 (2) The commission shall assess and collect a filing fee of $25 from the party or parties for filing a complaint alleging that an unfair labor practice has been committed under s. 111.84. The commission shall assess and collect a filing fee of $25 from the party or parties for filing a request that the commission act as an arbitrator to resolve a dispute involving the interpretation or application of a collective bargaining agreement under s. 111.86. The commission shall assess and collect a filing fee for filing a request that the commission initiate fact-finding under s. 111.88. The commission shall assess and collect a filing fee for filing a request that the commission act as a mediator under s. 111.87. For the performance of commission actions under s. 111.86, 111.87 and 111.88, the commission shall require that the parties to the dispute equally share in the payment of the fee and, for the performance of commission actions involving a complaint alleging that an unfair labor practice has been committed under s. 111.84, the commission shall require that the party filing the complaint pay the entire fee. If such a any party has paid a filing fee requesting the commission to act as a mediator for a labor dispute and the parties do not enter into a voluntary settlement of the labor dispute, the commission may not subsequently assess or collect a filing fee to initiate fact-finding to resolve the same labor dispute. If any request concerns issues arising as a result of more than one unrelated event or occurrence, each such separate event or occurrence shall be treated as a separate request. The commission shall promulgate rules establishing a schedule of filing fees to be paid under this subsection , except that the commission may not require a filing fee that exceeds $225 per request or case. Fees required to be paid under this subsection shall be paid at the time of filing the complaint or the request for fact-finding, mediation or arbitration. A complaint or request for fact-finding, mediation or arbitration is not filed until the date such fee or fees are paid. Fees collected under this subsection shall be deposited as general purpose revenue—earned credited to the appropriation account under s. 20.425 (1) (i).

27,3844 Section 3844 . 112.07 (1) of the statutes is amended to read:

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) (c). 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 commissioner division of banking 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.

27,3845 Section 3845 . Chapter 115 (title) of the statutes is amended to read:

CHAPTER 115

STATE SUPERINTENDENT DEPARTMENT
OF EDUCATION; GENERAL
CLASSIFICATIONS AND DEFINITIONS;

27,3846 Section 3846 . 115.001 (13m) of the statutes is created to read:

115.001 (13m) Secretary. “Secretary" means the secretary of education.

27,3847 Section 3847. Subchapter II (title) of chapter 115 [precedes 115.28] of the statutes is amended to read:

CHAPTER 115

SUBCHAPTER II
STATE SUPERINTENDENT DEPARTMENT

OF PUBLIC INSTRUCTION EDUCATION

27,3847g Section 3847g. 115.28 (3m) of the statutes is renumbered 115.28 (3m) (a) and amended to read:

115.28 (3m) (a) Supervise and audit the receipts and expenditures of the cooperative educational service agencies, conduct program review of the agencies, approve agency evaluations, supervise boundary reorganization where necessary, advise the administrators of the agencies and provide assistance in organizing the agencies throughout the state. The state superintendent shall adopt

(b) Promulgate rules establishing procedures for the reorganization of cooperative educational service agencies and boundary appeals.

27,3847r Section 3847r. 115.28 (3m) (c) of the statutes is created to read:

115.28 (3m) (c) Every 3rd year as scheduled by the department, report to the appropriate standing committees of the legislature under s. 13.172 (3) on all cooperative educational service agency programs and services. The report shall include information on the efficiency and effectiveness of the programs and services.

27,3848 Section 3848 . 115.28 (7) (a) of the statutes is amended to read:

115.28 (7) (a) License all teachers for the public schools of the state, make rules establishing standards of attainment and procedures for the examination and licensing of teachers within the limits prescribed in ss. 118.19 (2) and (3), 118.192 and 118.195, prescribe by rule standards and procedures for the approval of teacher preparatory programs leading to licensure, file in his or her the secretary's office all papers relating to state teachers' licenses and register each such license.

27,3849 Section 3849 . 115.28 (7m) of the statutes is amended to read:

115.28 (7m) Certification of school nurses. Certify school nurses, make rules for the examination and certification of school nurses and file in the superintendent's secretary's office all papers relating to school nurses certification and register each such certification.

27,3849m Section 3849m. 115.28 (20) (intro.) of the statutes is amended to read:

115.28 (20) Council for Milwaukee public schools grant programs. (intro.) Appoint At the commencement of each gubernatorial term of office, appoint a council under s. 15.04 (1) (c) composed of residents of the school district established under ch. 119 who are selected to reflect the pluralistic nature of the school district. The council shall:

27,3850 Section 3850 . 115.28 (20) (a) of the statutes is amended to read:

115.28 (20) (a) Advise the state superintendent secretary on funding criteria and evaluation plans for grant programs for the school district operating under ch. 119.

27,3851 Section 3851 . 115.28 (20) (b) of the statutes is amended to read:

115.28 (20) (b) Advise the state superintendent secretary on the programs that meet or do not meet the funding criteria.

27,3852 Section 3852 . 115.28 (20) (c) of the statutes is amended to read:

115.28 (20) (c) Assist the state superintendent secretary in monitoring the progress of funded programs.

27,3853 Section 3853 . 115.28 (20) (d) of the statutes is amended to read:

115.28 (20) (d) Recommend to the state superintendent secretary needed changes in statutes or rules relating to grant programs.

27,3854 Section 3854 . 115.28 (20) (e) of the statutes is amended to read:

115.28 (20) (e) Submit to the state superintendent secretary an annual report detailing the council's activities, accomplishments and projected needs.

27,3854m Section 3854m. 115.28 (21) of the statutes is amended to read:

115.28 (21) Youth initiatives program. Administer grants to local community organizations for standardized assessment and programs for instruction in basic skills and work experience under the youth initiatives program. The state superintendent may require a school board to provide matching funds at any percentage. The match may be in the form of money or in-kind services or both. The state superintendent shall establish, by rule, performance standards for the youth initiatives program and shall monitor performances by grantees. This subsection does not apply after June 30, 1996.

27,3855 Section 3855 . 115.28 (24) of the statutes is amended to read:

115.28 (24) Priority in awarding grants. Give priority in awarding grants to local community organizations under sub. (21), and to school boards under s. ss. 115.36, and 115.362 and 118.019 (6) and to cooperative educational service agencies under s. 118.019 (6), and in awarding grants from federal funds received under 20 USC 2301 to 2471, 20 USC 4601 to 4665 and 29 USC 1602 (b) (1), to programs that provide more than one of the educational services specified under sub. (21), s. 115.36, 115.362, 115.915, 118.01 (2) (d) 7. or 8., 118.019 (6) or 118.153 or 20 USC 2301 to 2471, 20 USC 4601 to 4665 or 29 USC 1602 (b) (1).

27,3855m Section 3855m. 115.28 (25) of the statutes is repealed.

27,3856 Section 3856 . 115.28 (27) of the statutes is amended to read:

115.28 (27) Wisconsin geography alliance. Annually allocate the amount in the appropriation under s. 20.255 (1) (3) (ec) to the Wisconsin geography alliance to train teachers and develop curricula for primary and secondary education in geography. This subsection does not apply after June 30, 1996.

27,3857m Section 3857m. 115.28 (35) of the statutes is amended to read:

115.28 (35) Grants for collaborative projects. From the appropriation under s. 20.255 (2) (ef), award a $300,000 grant to a rural school district, a suburban school district and an urban school district, other than the school district operating under ch. 119, for projects, conducted in collaboration with the county social services department or the county human services department, that integrate social services and school responsibilities as they relate to pupils and their parents. One-third of the total grant amount shall be paid in each of 3 consecutive school years. The state superintendent shall give preference in awarding grants to projects that provide for the delivery of services in a single location. No grant may be awarded under this subsection after June 30, 1996.

27,3858 Section 3858 . 115.28 (38) of the statutes is amended to read:

115.28 (38) (title) Reporting of pupils attending vocational schools technical colleges. In consultation with the technical college system board of vocational, technical and adult education, promulgate rules establishing a uniform format for school boards to use in reporting the number of pupils attending vocational, technical and adult education college districts under ss. 118.15 (1) (b), (cm) and (d) and 118.37 and in reporting pupil participation in technical preparation programs under s. 118.34, including the number of courses taken for advanced standing in a vocational, technical and adult education college district's associate degree program and for vocational, technical and adult education college credit. The format shall be identical to the format established by the technical college system board of vocational, technical and adult education under s. 38.04 (11) (a) 2.

27,3859 Section 3859 . 115.29 (intro.) of the statutes is amended to read:

115.29 General powers. (intro.) The state superintendent secretary may:

27,3860 Section 3860 . 115.29 (1) of the statutes is amended to read:

115.29 (1) Designate representative. Designate the deputy state superintendent secretary or another employe of the department as the state superintendent's secretary's representative on any body on which the state superintendent secretary is required to serve, except the board of regents of the university of Wisconsin system.

27,3861 Section 3861 . 115.29 (2) of the statutes is amended to read:

115.29 (2) Educational meetings. Attend such educational meetings and make such investigations as the state superintendent secretary deems important and as will acquaint the state superintendent secretary with the different systems of public schools in the United States.

27,3863 Section 3863 . 115.29 (4) of the statutes is amended to read:

115.29 (4) High school graduation equivalency. Grant declarations of equivalency of high school graduation to persons, if in the state superintendent's secretary's judgment they have presented satisfactory evidence of having completed a recognized high school course of study or its equivalent. The state superintendent secretary may establish the standards by which high school graduation equivalency is determined. Such standards may consist of evidence of high school courses completed in high schools recognized by the proper authorities as accredited, results of examinations given by or at the request of the state superintendent secretary, successful completion of correspondence study courses given by acceptable correspondence study schools, a general educational development certificate of high school equivalency issued by an agency of the U.S. government, course credits received in schools meeting the approval of the state superintendent secretary or other standards established by the state superintendent secretary.

27,3864 Section 3864 . 115.30 (4) (a) of the statutes is amended to read:

115.30 (4) (a) The condition of all schools under the state superintendent's department's supervision.

27,3865 Section 3865 . 115.30 (4) (c) of the statutes is amended to read:

115.30 (4) (c) The state superintendent's secretary's visits to educational institutions.

27,3866 Section 3866 . 115.30 (4) (f) of the statutes is amended to read:

115.30 (4) (f) A summary of the receipts and disbursements of all schools under the state superintendent's department's jurisdiction.

27,3866m Section 3866m. 115.32 of the statutes is created to read:

115.32 Certification of athletic associations; appeals. (1) Beginning July 1, 1996, the department shall certify school athletic associations. No athletic association may be certified unless it allows private schools to join the association and to participate as members of a conference during regular season play and in postseason tournaments. No public school or school district may be a member of an athletic association that is not certified under this subsection. Nothing in this subsection prevents an athletic association from adopting uniform rules governing its affairs, including suspending schools or their pupils from the athletic association for violations of those rules.

(2) A school board or governing body of a private school that is a member of an athletic association certi fied under sub. (1) may appeal to the department under s. 115.28 (5) any decision made by the governing body of the association that adversely affects the school district or private school. A school board or private school may not commence an action relating to a decision made by the governing body of a certified athletic association until the final decision of the department is issued.

27,3867 Section 3867 . 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 industry, labor and human relations development to inspect a public school if any of the following occurs:

27,3868 Section 3868 . 115.33 (2) (b) of the statutes is amended to read:

115.33 (2) (b) The department of industry, labor and human relations development shall inspect the school within 30 days after receiving a request from the state superintendent under par. (a).

27,3869 Section 3869 . 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 industry, labor and human relations development, 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).

27,3870 Section 3870 . 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 industry, labor and human relations development, 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.

27,3871 Section 3871 . 115.345 (1) to (4) of the statutes are amended to read:

115.345 (1) Any school district approved by the superintendent department may establish a system to provide the opportunity for authorized elderly persons to participate in its school lunch program. If a school board desires to establish such a service, it shall develop a plan for the provision of food services for elderly persons and submit the plan to the superintendent department. Upon petition of 5% of the voters in the school district who voted in the last school board election, the school board shall formulate a food services plan, provided that hot food service facilities are available to school children in the district.

(2) Each plan shall provide at least one meal per day for each day that school is in regular session. The school board may provide additional service at other times in its discretion, if the number of eligible persons in the district or adjacent districts is of sufficient size, in the opinion of the superintendent department, so that unwarranted production expense is not incurred.