Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,777,12 111.70 (1) (a) "Collective bargaining" means the performance of the mutual obligation of a municipal employer, through its officers and agents, and the representative of its municipal employees in a collective bargaining unit, to meet and confer at reasonable times, in good faith, with the intention of reaching an agreement, or to resolve questions arising under such an agreement, with respect to wages, hours, and conditions of employment, and with respect to a requirement of the municipal employer for a municipal employee to perform law enforcement and fire fighting services under s. 61.66, except as provided in sub. (4) (m) and (om) and s. 40.81 (3) and except that a municipal employer shall not meet and confer with respect to any proposal to diminish or abridge the rights guaranteed to municipal employees under ch. 164. The duty to bargain, however, does not compel either party to agree to a proposal or require the making of a concession. Collective bargaining includes the reduction of any agreement reached to a written and signed document. The municipal employer shall not be required to bargain on subjects reserved to management and direction of the governmental unit except insofar as the manner of exercise of such functions affects the wages, hours, and conditions of employment of the municipal employees in a collective bargaining unit. In creating this subchapter the legislature recognizes that the municipal employer must exercise its powers and responsibilities to act for the government and good order of the jurisdiction which it serves, its commercial benefit and the health, safety, and welfare of the public to assure orderly operations and functions within its jurisdiction, subject to those rights secured to municipal employees by the constitutions of this state and of the United States and by this subchapter.

SB55-ASA1-AA1, s. 2608b Section 2608b. 111.70 (4) (cm) 8s. (title) of the statutes is amended to read:

SB55-ASA1-AA1,777,15 111.70 (4) (cm) 8s. (title) `Forms for determining costs; determination of fringe benefits coverage.'

SB55-ASA1-AA1, s. 2608c Section 2608c. 111.70 (4) (cm) 8s. of the statutes is renumbered 111.70 (4) (cm) 8s. a.

SB55-ASA1-AA1, s. 2609 Section 2609. 111.70 (4) (cm) 8s. b. of the statutes is created to read:

SB55-ASA1-AA1,777,24 111.70 (4) (cm) 8s. b. For the purpose of determining whether fringe benefits provided to municipal employees are maintained by a municipal employer under a qualified economic offer, the commission shall consider substantially similar health care benefits to be identical to existing health care benefits. Rules promulgated by the office of the commissioner of insurance under s. 601.415 (13) shall be used to determine if the health care benefits are substantially similar.".

SB55-ASA1-AA1,778,1 1404. Page 912, line 20: after that line insert:

SB55-ASA1-AA1,778,2 " Section 2606s. 111.335 (1) (d) of the statutes is created to read:

SB55-ASA1-AA1,778,13 111.335 (1) (d) 1. In this paragraph, "educational agency" means a school district, a cooperative educational service agency, a county children with disabilities education board, a state correctional institution under s. 302.01, a secured correctional facility, as defined in s. 938.02 (15m), a secured child caring institution, as defined in s. 938.02 (15g), the Wisconsin Center for the Blind and Visually Impaired, the Wisconsin School for the Deaf, the Mendota Mental Health Institute, the Winnebago Mental Health Institute, a state center for the developmentally disabled, a private school, a charter school, a private, nonprofit, nonsectarian agency under contract with a school board under s. 118.153 (3) (c), or a nonsectarian private school or agency under contract with the board of school directors in a 1st class city under s. 119.235 (1).

SB55-ASA1-AA1,778,17 2. Notwithstanding s. 111.322, it is not employment discrimination because of conviction record for an educational agency to refuse to employ or to bar or terminate from employment an individual who has been convicted of a felony and who has not been pardoned for that felony.".

SB55-ASA1-AA1,778,18 1405. Page 912, line 20: after that line insert:

SB55-ASA1-AA1,778,20 " Section 2606d. 111.337 (1) of the statutes is renumbered 111.337 (1r) (intro.) and amended to read:

SB55-ASA1-AA1,778,22 111.337 (1r) (intro.) Employment discrimination because of creed includes, but is not limited to, refusing any of the following:

SB55-ASA1-AA1,779,2 (a) Refusing to reasonably accommodate an employee's or prospective employee's religious observance or practice unless the employer can demonstrate that the accommodation would pose an undue hardship on the employer's program, enterprise, or business.

SB55-ASA1-AA1, s. 2606g Section 2606g. 111.337 (1g) of the statutes is created to read:

SB55-ASA1-AA1,779,4 111.337 (1g) In this section:

SB55-ASA1-AA1,779,5 (a) "Health care provider" means any of the following:

SB55-ASA1-AA1,779,8 1. An individual licensed, registered, permitted, or certified by the department of health and family services or the department of regulation and licensing to provide health care services in this state.

SB55-ASA1-AA1,779,10 2. An individual who provides health care services as directed, supervised, or inspected by an individual specified in subd. 1.

SB55-ASA1-AA1,779,13 (b) "Human embryo" includes any organism that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells.

SB55-ASA1-AA1,779,15 (bm) "Medical equipment seller" means an individual whose employment duties include selling or supplying medical equipment or supplies.

SB55-ASA1-AA1,779,18 (c) "Participate in" means to perform, assist in, recommend, counsel in favor of, make referrals for, prescribe, dispense or administer drugs for, or otherwise promote, encourage, or aid.

SB55-ASA1-AA1, s. 2606j Section 2606j. 111.337 (1r) (b) of the statutes is created to read:

SB55-ASA1-AA1,779,25 111.337 (1r) (b) Discriminating against any health care provider or medical equipment seller by engaging in any of the actions prohibited under s. 111.322 on the basis of the health care provider's or medical equipment seller's refusal, or statement of an intention to refuse, whether or not in writing, based on his or her creed, to participate in, or sell or provide medical equipment or supplies used for, any of the following:

SB55-ASA1-AA1,780,1 1. A sterilization procedure.

SB55-ASA1-AA1,780,3 2. A procedure involving a drug or device that may prevent the implantation of a fertilized human ovum.

SB55-ASA1-AA1,780,4 3. An abortion, as defined in s. 253.10 (2) (a).

SB55-ASA1-AA1,780,5 4. An experiment or medical procedure involving any of the following:

SB55-ASA1-AA1,780,6 a. The destruction of a human embryo.

SB55-ASA1-AA1,780,9 b. A human embryo or unborn child, at any stage of development, in which the experiment or procedure is not related to the beneficial treatment of the human embryo or unborn child.

SB55-ASA1-AA1,780,12 5. A procedure, including a transplant procedure, that uses fetal tissue or organs other than fetal tissue or organs from a stillbirth, spontaneous abortion, or miscarriage.

SB55-ASA1-AA1,780,17 6. The withholding or withdrawal of nutrition or hydration, if the withholding or withdrawal of nutrition or hydration would result in the patient's death from malnutrition or dehydration, or complications of malnutrition or dehydration, rather than from the underlying terminal illness or injury, unless the administration of nutrition or hydration is medically contraindicated.

SB55-ASA1-AA1,780,19 7. An act that intentionally causes or assists in causing the death of an individual, such as by assisted suicide, euthanasia, or mercy killing.".

SB55-ASA1-AA1,780,20 1406. Page 913, line 2: after that line insert:

SB55-ASA1-AA1,780,21 " Section 2615d. 111.91 (2) (nm) of the statutes is created to read:

SB55-ASA1-AA1,780,23 111.91 (2) (nm) The prohibition under s. 632.872 related to denying payment for certain procedures.".

SB55-ASA1-AA1,780,24 1407. Page 913, line 2: after that line insert:

SB55-ASA1-AA1,781,2 " Section 2615c. 111.91 (2) (r) of the statutes, as created by 1999 Wisconsin Act 9, is repealed.".

SB55-ASA1-AA1,781,3 1408. Page 913, line 2: after that line insert:

SB55-ASA1-AA1,781,4 " Section 2615f. 111.93 (3) of the statutes is amended to read:

SB55-ASA1-AA1,781,13 111.93 (3) Except as provided in ss. 7.33 (4), 40.05, 40.80 (3), 111.91 (1) (cm), 230.35 (2d), 230.35 (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 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.".

SB55-ASA1-AA1,781,14 1409. Page 913, line 2: after that line insert:

SB55-ASA1-AA1,781,15 " Section 2612m. 111.91 (1) (cm) of the statutes is amended to read:

SB55-ASA1-AA1,781,21 111.91 (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 employees, unless otherwise specifically provided in a collective bargaining agreement that applies to those employees.

SB55-ASA1-AA1, s. 2612r Section 2612r. 111.91 (2) (g) of the statutes is repealed.".

SB55-ASA1-AA1,781,23 1410. Page 913, line 2: after that line insert:

SB55-ASA1-AA1,781,24 " Section 2613h. 111.70 (4) (o) of the statutes is created to read:

SB55-ASA1-AA1,782,10 111.70 (4) (o) Permissive subjects of collective bargaining. In a school district, the municipal employer is not required to bargain collectively with respect to the establishment of the school calendar. This paragraph shall not be construed to eliminate a school district's duty to bargain collectively with the recognized or certified representative of school district employees in a collective bargaining unit concerning the total number of days of work and the number of those days which are allocated to different purposes such as days on which school is taught, in-service days, staff preparation days, convention days, paid holidays, and parent-teacher conference days, and to bargain collectively with that representative with regard to the impact of the school calendar on wages, hours, and conditions of employment.".

SB55-ASA1-AA1,782,11 1411. Page 913, line 2: after that line insert:

SB55-ASA1-AA1,782,12 " Section 2614h. 111.71 (2m) of the statutes is created to read:

SB55-ASA1-AA1,782,15 111.71 (2m) In addition to any fee that the commission is required to assess and collect under subs. (1) and (2), the commission may assess and collect a reasonable fee for any other service that the commission provides to any person.

SB55-ASA1-AA1, s. 2615h Section 2615h. 111.94 (2m) of the statutes is created to read:

SB55-ASA1-AA1,782,19 111.94 (2m) In addition to any fee that the commission is required to assess and collect under subs. (1) and (2), the commission may assess and collect a reasonable fee for any other service that the commission provides to any person.".

SB55-ASA1-AA1,782,20 1412. Page 913, line 2: after that line insert:

SB55-ASA1-AA1,782,21 " Section 2615. 111.70 (4) (om) of the statutes is created to read:

SB55-ASA1-AA1,783,5 111.70 (4) (om) Permissive subjects of collective bargaining. In a school district, the municipal employer is not required to bargain collectively with respect to the selection of any group health care benefits provider for school district professional employees if the provider offers health care benefits coverage that is substantially similar to that offered by other providers in bids submitted under s. 120.12 (24). Rules promulgated by the office of the commissioner of insurance under s. 601.415 (13) shall be used to determine if health care benefits coverage offered by different providers is substantially similar.".

SB55-ASA1-AA1,783,6 1413. Page 913, line 3: delete lines 3 to 9.

SB55-ASA1-AA1,783,8 1414. Page 913, line 11: delete the material beginning with that line and ending with page 914, line 12.

SB55-ASA1-AA1,783,9 1415. Page 914, line 21: after that line insert:

SB55-ASA1-AA1,783,10 " Section 2630g. 115.343 (title) and (1) of the statutes are amended to read:

SB55-ASA1-AA1,783,22 115.343 (title) Wisconsin morning school day milk program. (1) The department shall establish a morning school day milk program. A school participating in the program shall offer each eligible child a one half-pint of Wisconsin-produced whole milk, 2% milk, 1.5% milk, one percent milk, 0.5% milk, skim milk or chocolate milk on each day in which school is in session. If a child is allergic to milk or has metabolic disorders or other conditions which prohibit him or her from drinking milk, the child shall be offered juice as a substitute. Any school that participates in the program is encouraged to consider bids from local milk suppliers. The school shall keep all information related to the identity of the pupils who receive a beverage under the program confidential. In this subsection, "Wisconsin-produced" means that all or part of the raw milk used by the milk processor was produced in this state.

SB55-ASA1-AA1, s. 2630h Section 2630h. 115.343 (2) (c) of the statutes is created to read:

SB55-ASA1-AA1,784,2 115.343 (2) (c) The child does not receive the beverage during the school's breakfast or lunch period.".

SB55-ASA1-AA1,784,3 1416. Page 914, line 21: after that line insert:

SB55-ASA1-AA1,784,4 " Section 2630m. 115.31 (1) (b) of the statutes is amended to read:

SB55-ASA1-AA1,784,13 115.31 (1) (b) "Educational agency" means a school district, cooperative educational service agency, state correctional institution under s. 302.01, secured correctional facility, as defined in s. 938.02 (15m), secured child caring institution, as defined in s. 938.02 (15g), the Wisconsin Center for the Blind and Visually Impaired, the Wisconsin School 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, a private school, or a private, nonprofit, nonsectarian agency under contract with a school board under s. 118.153 (3) (c).".

SB55-ASA1-AA1,784,14 1417. Page 914, line 21: after that line insert:

SB55-ASA1-AA1,784,15 " Section 2635m. 115.28 (49) of the statutes is created to read:

SB55-ASA1-AA1,784,19 115.28 (49) Charter school report. Annually report to the legislature, in the manner provided under s. 13.172 (2), on the status of existing charter schools, the number of petitions for new charter schools, and school board and departmental action on petitions for new charter schools.".

SB55-ASA1-AA1,784,20 1418. Page 914, line 21: after that line insert:

SB55-ASA1-AA1,784,21 " Section 2638m. 115.28 (50) of the statutes is created to read:

SB55-ASA1-AA1,784,23 115.28 (50) Special education study. Distribute a summary of study under s. 36.11 (49) to each school district.".

SB55-ASA1-AA1,784,24 1419. Page 914, line 21: after that line insert:

SB55-ASA1-AA1,785,1 " Section 2635m. 115.28 (52) of the statutes is created to read:

SB55-ASA1-AA1,785,5 115.28 (52) Federal funds. In consultation with the department of administration, maximize the use of federal aid for education and annually report to the joint committee on finance on whether federal funding could be used in lieu of general school aid under s. 121.08 or categorical aids.".

SB55-ASA1-AA1,785,6 1420. Page 914, line 21: after that line insert:

SB55-ASA1-AA1,785,7 " Section 2625s. 115.28 (51) of the statutes is created to read:

SB55-ASA1-AA1,785,10 115.28 (51) Education consultants. Ensure that each person employed by the department as a consultant has taught in a classroom or has an educational component before being employed by the department as a consultant.".

SB55-ASA1-AA1,785,12 1421. Page 914, line 22: delete the material beginning with that line and ending with page 915, line 2, and substitute:

SB55-ASA1-AA1,785,13 " Section 2645m. 115.38 (1) (bm) of the statutes is created to read:

SB55-ASA1-AA1,785,16 115.38 (1) (bm) A comparison of the school district's performance under pars. (a) and (b) with the performance of other school districts in the same athletic conference under pars. (a) and (b).".

SB55-ASA1-AA1,785,17 1422. Page 916, line 1: after that line insert:

SB55-ASA1-AA1,785,18 " Section 2666m. 115.817 (5) (b) 1. of the statutes is amended to read:

SB55-ASA1-AA1,785,21 115.817 (5) (b) 1. At the close of each fiscal year, the board shall employ a licensed certified public accountant licensed or certified under ch. 442 to audit its accounts and certify the audit. The cost of the audit shall be paid from board funds.".

SB55-ASA1-AA1,785,22 1423. Page 916, line 1: after that line insert:

SB55-ASA1-AA1,785,24 " Section 2660m. Subchapter III (title) of chapter 115 [precedes 115.51] of the statutes is amended to read:

SB55-ASA1-AA1,786,1 CHAPTER 115

SB55-ASA1-AA1,786,8 SUBCHAPTER III STATE SCHOOL Wisconsin Educational Services Program FOR THE DEAF and Hard of Hearing AND STATE Wisconsin CENTER FOR THE BLIND AND VISUALLY IMPAIRED

SB55-ASA1-AA1, s. 2660r Section 2660r. 115.51 (2) of the statutes is repealed and recreated to read: