Amendment CA1-SSA1-SB55

SB55-SSA1-CA1,500,8 111.70 (1) (j) "Municipal employer" means any city, county, village, town, metropolitan sewerage district, school district, family care district , or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state, that engages the services of an employee and includes any person acting on behalf of a municipal employer within the scope of the person's authority, express or implied, but specifically does not include a local cultural arts district created under subch. V of ch. 229.".

SB55-SSA1-CA1,500,9 1171. Page 912, line 20: after that line insert:

SB55-SSA1-CA1,500,10 " Section 2606m. 111.335 (1) (cv) of the statutes is created to read:

SB55-SSA1-CA1,500,16 111.335 (1) (cv) Notwithstanding s. 111.322, it is not employment discrimination because of conviction record to refuse to employ in a position in the classified service, in a position described in s. 230.08 (2) (k), or as a corps enrollee with the Wisconsin conservation corps under s. 106.215 (1) (c) a person who has been convicted under 50 USC, Appendix, section 462 for refusing to register with the selective service system and who has not been pardoned.".

SB55-SSA1-CA1,500,17 1172. Page 912, line 20: after that line insert:

SB55-SSA1-CA1,500,18 " Section 2607c. 111.70 (1) (nc) 1. d. of the statutes is created to read:

SB55-SSA1-CA1,500,23 111.70 (1) (nc) 1. d. A proposal to maintain all conditions of employment as the conditions existed on the 90th day prior to the expiration of the previous collective bargaining agreement between the parties or the 90th day prior to commencement of negotiations if there is no previous collective bargaining agreement between the parties.

SB55-SSA1-CA1, s. 2607h Section 2607h. 111.70 (1) (nc) 1. e. of the statutes is created to read:

SB55-SSA1-CA1,501,5 111.70 (1) (nc) 1. e. A proposal to maintain any provision relating to a subject of collective bargaining on which the municipal employer was not required to bargain that existed in the previous collective bargaining agreement between the parties or that existed on the 90th day prior to the expiration of the previous collective bargaining agreement between the parties.

SB55-SSA1-CA1, s. 2607p Section 2607p. 111.70 (4) (cm) 5s. of the statutes is amended to read:

SB55-SSA1-CA1,503,2 111.70 (4) (cm) 5s. `Issues subject to arbitration.' In a collective bargaining unit consisting of school district professional employees, the municipal employer or the labor organization may petition the commission to determine whether the municipal employer has submitted a timely qualified economic offer. The commission shall appoint an investigator for that purpose. If the investigator, using the methodology prescribed under subd. 8t., finds that the municipal employer has submitted a timely qualified economic offer, the investigator shall determine whether a deadlock exists between the parties with respect to all economic issues. If the municipal employer submits a timely qualified economic offer applicable to any period beginning on or after July 1, 1993, no economic issues are subject to interest arbitration under subd. 6. for that period, except that only the impact of contracting out or subcontracting work that would otherwise be performed by municipal employees in the collective bargaining unit is subject to interest arbitration under subd. 6. In such a collective bargaining unit, economic issues concerning the wages, hours or conditions of employment of the school district professional employees in the unit for any period prior to July 1, 1993, are subject to interest arbitration under subd. 6. for that period. In such a collective bargaining unit, noneconomic issues applicable to any period on or after July 1, 1993, are subject to interest arbitration after the parties have reached agreement and stipulate to agreement on all economic issues concerning the wages, hours or conditions of employment of the school district professional employees in the unit for that period. In such a collective bargaining unit, if the commission's investigator finds that the municipal employer has submitted a timely qualified economic offer and that a deadlock exists between the parties with respect to all economic issues, the municipal employer may implement the qualified economic offer. On the 90th day prior to expiration of the period included within the qualified economic offer, if no agreement exists on that day, the parties are deemed to have stipulated to the inclusion in a new or revised collective bargaining agreement of all provisions of any predecessor collective bargaining agreement concerning economic issues, or of all provisions of any existing collective bargaining agreement concerning economic issues if the parties have reopened negotiations under an existing agreement, as modified by the terms of the qualified economic offer and as otherwise modified by the parties. In such a collective bargaining unit, on and after that 90th day, a municipal employer that refuses to bargain collectively with respect to the terms of that stipulation, applicable to the 90-day period prior to expiration of the period included within the qualified economic offer, does not violate sub. (3) (a) 4. Any such unilateral implementation after August 11, 1993, during the 90-day period prior to expiration of the period included within a qualified economic offer, operates as a full, final and complete settlement of all economic issues between the parties for the period included within the qualified economic offer. The failure of a labor organization to recognize the validity of such a lawful qualified economic offer does not affect the obligation of the municipal employer to submit economic issues to arbitration under subd. 6. If the investigator determines that the municipal employer has not submitted a timely qualified economic offer, either the municipal employer or the labor organization may petition for arbitration under subd. 6. to resolve any dispute relating to economic issues.

SB55-SSA1-CA1, s. 2607t Section 2607t. 111.70 (4) (cm) 8t. of the statutes is created to read:

SB55-SSA1-CA1,503,8 111.70 (4) (cm) 8t. `Methodology for determining qualified economic offers.' The commission shall prescribe by rule a methodology to be used in determining whether a collective bargaining proposal submitted by a municipal employer to a labor organization constitutes a qualified economic offer and whether such an offer is timely.".

SB55-SSA1-CA1,503,9 1173. Page 913, line 2: after that line insert:

SB55-SSA1-CA1,503,10 " Section 2615f. 111.93 (3) of the statutes is amended to read:

SB55-SSA1-CA1,503,19 111.93 (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-SSA1-CA1,503,20 1174. Page 913, line 2: after that line insert:

SB55-SSA1-CA1,503,21 " Section 2615ag. 111.81 (7) (f) of the statutes is created to read:

SB55-SSA1-CA1,503,24 111.81 (7) (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).

SB55-SSA1-CA1, s. 2615b Section 2615b. 111.81 (9m) of the statutes is created to read:

SB55-SSA1-CA1,504,3 111.81 (9m) "Instructional staff" has the meaning given in rules promulgated by the department of public instruction under s. 121.02 (1) (a) 2.

SB55-SSA1-CA1, s. 2615bm Section 2615bm. 111.815 (1) of the statutes is amended to read:

SB55-SSA1-CA1,504,22 111.815 (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 department shall negotiate and administer collective bargaining agreements. To coordinate the employer position in the negotiation of agreements, the department shall maintain close liaison with the legislature relative to the negotiation of agreements and the fiscal ramifications thereof. Except with respect to the collective bargaining units specified in s. 111.825 (1m) and (2) (f), the department 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 department which require legislative action. 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) 1. is responsible for the employer functions under this subchapter.

SB55-SSA1-CA1, s. 2615h Section 2615h. 111.815 (2) of the statutes is amended to read:

SB55-SSA1-CA1,505,6 111.815 (2) In the furtherance of the policy under s. 111.80 (4), the secretary of the department shall establish a collective bargaining capability within the department outside of the division of merit recruitment and selection and 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 (1m) and (2) (f). The secretary of the department shall establish and maintain, wherever practicable, consistent employment relations policies and practices throughout the state service.

SB55-SSA1-CA1, s. 2615j Section 2615j. 111.825 (2) (f) of the statutes is created to read:

SB55-SSA1-CA1,505,10 111.825 (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).

SB55-SSA1-CA1, s. 2615L Section 2615L. 111.84 (2) (c) of the statutes is amended to read:

SB55-SSA1-CA1,505,19 111.84 (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) or (c) to (f) 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.

SB55-SSA1-CA1, s. 2615n Section 2615n. 111.91 (4) of the statutes is amended to read:

SB55-SSA1-CA1,506,4 111.91 (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 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) or (c) 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.

SB55-SSA1-CA1, s. 2615p Section 2615p. 111.92 (1) (a) of the statutes is amended to read:

SB55-SSA1-CA1,507,2 111.92 (1) (a) Any tentative agreement reached between the department, acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.825 (1) or (2) (a) to (e) 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.

SB55-SSA1-CA1, s. 2615r Section 2615r. 111.92 (1) (c) of the statutes is created to read:

SB55-SSA1-CA1,507,9 111.92 (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) shall, after official ratification by the labor organization and approval by the chancellor of the University of Wisconsin-Parkside, be executed by the parties.

SB55-SSA1-CA1, s. 2615t Section 2615t. 111.93 (2) of the statutes is amended to read:

SB55-SSA1-CA1,507,16 111.93 (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) or (c) to (f) who are not included in a collective bargaining unit for which a representative is certified.".

SB55-SSA1-CA1,507,17 1175. Page 913, line 10: after that line insert:

SB55-SSA1-CA1,507,19 " Section 2623g. 115.28 (30) (title), (a), and (b) (intro.) of the statutes are amended to read:

SB55-SSA1-CA1,507,23 115.28 (30) (title) Vocational Career and technical student organizations. (a) Give priority to assisting school boards to operate vocational career and technical student organizations for pupils pursuing related instruction and related career and technical education programs.

SB55-SSA1-CA1,508,4 (b) (intro.) Provide in the department administrative leadership for career and technical student organizations and the following vocational education consultants and administrative, leadership and vocational career and technical student organization educational consultants:

SB55-SSA1-CA1, s. 2623i Section 2623i. 115.28 (30) (b) 3. of the statutes is amended to read:

SB55-SSA1-CA1,508,6 115.28 (30) (b) 3. Two full-time consultants in technical technology education.

SB55-SSA1-CA1, s. 2623k Section 2623k. 115.28 (30) (b) 4. of the statutes is amended to read:

SB55-SSA1-CA1,508,9 115.28 (30) (b) 4. Two full-time consultants in family and consumer sciences education.

SB55-SSA1-CA1, s. 2623m Section 2623m. 115.28 (30) (b) 5. of the statutes is amended to read:

SB55-SSA1-CA1,508,12 115.28 (30) (b) 5. One Two full-time consultant and one half-time consultant consultants in marketing education.

SB55-SSA1-CA1, s. 2623p Section 2623p. 115.28 (30) (b) 6. of the statutes is created to read:

SB55-SSA1-CA1,508,14 115.28 (30) (b) 6. One full-time consultant in health science education.

SB55-SSA1-CA1, s. 2623r Section 2623r. 115.28 (30) (d) of the statutes is amended to read:

SB55-SSA1-CA1,508,19 115.28 (30) (d) Provide in the department, within the integrated and applied curricula team, a vocational career and technical education and vocational career and technical student organizations subteam team consisting of those educational consultants specified in par. (b).".

SB55-SSA1-CA1,508,20 1176. Page 914, line 21: after that line insert:

SB55-SSA1-CA1,508,21 " Section 2625w. 115.28 (47) of the statutes is created to read:

SB55-SSA1-CA1,508,24 115.28 (47) Grant to Beloit College. Annually award the amount appropriated under s. 20.255 (2) (kj) to Beloit College to educate children and adults in southern Wisconsin about Native American cultures.".

SB55-SSA1-CA1,509,1 1177. Page 914, line 21: after that line insert:

SB55-SSA1-CA1,509,2 " Section 2630g. 115.343 (title) and (1) of the statutes are amended to read:

SB55-SSA1-CA1,509,14 115.343 (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-SSA1-CA1, s. 2630h Section 2630h. 115.343 (2) (c) of the statutes is created to read:

SB55-SSA1-CA1,509,17 115.343 (2) (c) The child does not receive the beverage during the school's breakfast or lunch period.".

SB55-SSA1-CA1,509,18 1178. Page 914, line 21: after that line insert:

SB55-SSA1-CA1,509,19 " Section 2635m. 115.28 (49) of the statutes is created to read:

SB55-SSA1-CA1,509,23 115.28 (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-SSA1-CA1,509,24 1179. Page 914, line 21: after that line insert:

SB55-SSA1-CA1,510,1 " Section 2638m. 115.28 (50) of the statutes is created to read:

SB55-SSA1-CA1,510,3 115.28 (50) Special education study. Distribute a summary of study under s. 36.11 (49) to each school district.".

SB55-SSA1-CA1,510,4 1180. Page 914, line 21: after that line insert:

SB55-SSA1-CA1,510,5 " Section 2635L. 115.28 (48) of the statutes is created to read:

SB55-SSA1-CA1,510,7 115.28 (48) Veterans. Encourage school boards to invite armed forces veterans to school to discuss their experiences as veterans.".

SB55-SSA1-CA1,510,8 1181. Page 914, line 21: after that line insert:

SB55-SSA1-CA1,510,9 " Section 2630m. 115.31 (1) (b) of the statutes is amended to read:

SB55-SSA1-CA1,510,18 115.31 (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-SSA1-CA1,510,20 1182. Page 914, line 22: delete the material beginning with that line and ending with page 915, line 2, and substitute:

SB55-SSA1-CA1,510,21 " Section 2641m. 115.38 (2) of the statutes is amended to read:

SB55-SSA1-CA1,511,5 115.38 (2) By January 1, 1993, and annually thereafter Annually by January 1, each school board shall distribute to the parent or guardian of each pupil enrolled in the school district, including pupils enrolled in charter schools located in the school district, or give to each pupil to bring home to his or her parent or guardian, a school and school district performance report that includes the information specified by the state superintendent under sub. (1). The report shall also include a comparison of the school district's performance under sub. (1) (a) and (b) with the performance of other school districts in the same athletic conference under sub. (1) (a) and (b).".

SB55-SSA1-CA1,511,6 1183. Page 916, line 1: after that line insert:

SB55-SSA1-CA1,511,7 " Section 2657m. 115.435 (1) (c) of the statutes is amended to read:

SB55-SSA1-CA1,511,11 115.435 (1) (c) At least 65% 80% of the real property in the school district is exempt from taxation under s. 70.11, taxed as forest croplands under subch. I of ch. 77, owned by or held in trust for a federally recognized American Indian tribe, or owned by the federal government.".

SB55-SSA1-CA1,511,12 1184. Page 916, line 1: after that line insert:

SB55-SSA1-CA1,511,13 " Section 2666m. 115.817 (5) (b) 1. of the statutes is amended to read:

SB55-SSA1-CA1,511,16 115.817 (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-SSA1-CA1,511,17 1185. Page 916, line 1: after that line insert:

SB55-SSA1-CA1,511,19 " Section 2660m. Subchapter III (title) of chapter 115 [precedes 115.51] of the statutes is amended to read:

SB55-SSA1-CA1,511,20 CHAPTER 115

SB55-SSA1-CA1,512,3 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-SSA1-CA1, s. 2660r Section 2660r. 115.51 (2) of the statutes is repealed and recreated to read:

SB55-SSA1-CA1,512,7 115.51 (2) "Hearing impaired" has the meaning given in the rules promulgated by the state superintendent to define "hearing impairments" under s. 115.76 (5) (a) 2.

SB55-SSA1-CA1, s. 2660t Section 2660t. 115.52 of the statutes is repealed and recreated to read:

SB55-SSA1-CA1,512,11 115.52 Wisconsin Educational Services Program for the Deaf and Hard of Hearing. (1) Definition. In this section, "program" means the Wisconsin Educational Services Program for the Deaf and Hard of Hearing.

SB55-SSA1-CA1,512,14 (1m) Purpose. The purpose of the program is to serve as a statewide educational resource relating to hearing impairments to benefit all Wisconsin children who are hearing impaired.