Amendment SSA1-SB21

SB21-SSA1,927,6 (4) Preemployment drug testing. (a) An employing unit may, in accordance with the rules promulgated by the department under par. (b), voluntarily submit to the department the results of a test for the presence of controlled substances that was conducted on an individual as a condition of an offer of employment or notify the department that an individual declined to submit to such a test, along with information necessary to identify the individual. Upon receipt of any such results of a test conducted and certified in a manner approved by the department or notification that an individual declined to submit to such a test, the department shall determine whether the individual is a claimant receiving benefits. If the individual is a claimant receiving benefits, the department shall, in accordance with rules promulgated by the department under par. (b), use that information for purposes of determining eligibility for benefits under s. 108.04 (8) (b).

SB21-SSA1,927,7 (b) The department shall promulgate rules necessary to implement par. (a).

SB21-SSA1,927,13 (5) Application of this section. (a) Notwithstanding subs. (2) (b) 1., 3., and 5., (c), and (d) and (3), subs. (2) (b) 1., 3., and 5., (c), and (d) and (3) do not apply until the rules required under sub. (2) (a) take effect. The department shall submit to the legislative reference bureau for publication in the Wisconsin administrative register a notice identifying the date on which subs. (2) (b) 1., 3., and 5., (c), and (d) and (3) will be implemented.

SB21-SSA1,927,18 (b) Notwithstanding sub. (2) (b) 2. and 4., sub. (2) (b) 2. and 4. do not apply until the rules required under sub. (2) (am) take effect. The department shall submit to the legislative reference bureau for publication in the Wisconsin administrative register a notice identifying the date on which sub. (2) (b) 2. and 4. will be implemented.

SB21-SSA1,927,23 (c) Notwithstanding sub. (4) (a) and s. 108.04 (8) (b), sub. (4) (a) and s. 108.04 (8) (b) do not apply until the rules required under sub. (4) (b) take effect. The department shall submit to the legislative reference bureau for publication in the Wisconsin administrative register a notice identifying the date on which sub. (4) (a) and s. 108.04 (8) (b) will be implemented.

SB21-SSA1,928,3 (d) The secretary may waive compliance with any provision under this section and s. 108.04 (8) (b) if the secretary determines that waiver of the provision is necessary to permit continued certification of this chapter for grants to this state under Title III of the federal Social Security Act or for maximum credit allowances to employers under the federal Unemployment Tax Act.

SB21-SSA1,3116 Section 3116. 108.14 (8n) (e) of the statutes is amended to read:

SB21-SSA1,928,18 108.14 (8n) (e) The department shall charge this state's share of any benefits paid under this subsection to the account of each employer by which the employee claiming benefits was employed in the applicable base period, in proportion to the total amount of wages he or she earned from each employer in the base period, except that if s. 108.04 (1) (f), (5), (7) (a), (c), (e), (L), (q), (s), or (t), (7m) or (8) (a) or (b), 108.07 (3), (3r), or (5) (b), or 108.133 (3) (f) would have applied to employment by such an employer who is subject to the contribution requirements of ss. 108.17 and 108.18, the department shall charge the share of benefits based on employment with that employer to the fund's balancing account, or, if s. 108.04 (1) (f) or (5) or 108.07 (3) would have applied to an employer that is not subject to the contribution requirements of ss. 108.17 and 108.18, the department shall charge the share of benefits based on that employment in accordance with s. 108.07 (5) (a) and (b). The department shall also charge the fund's balancing account with any other state's share of such benefits pending reimbursement by that state.

SB21-SSA1,3117 Section 3117. 108.14 (27) of the statutes is created to read:

SB21-SSA1,928,24 108.14 (27) The department shall promulgate a rule to define what constitutes suitable work for claimants, which shall specify different levels of suitable work based upon the number of weeks that a claimant has received benefits in a given benefit year. The rule promulgated under this subsection may not affect the ability of an employee to fail to accept suitable work pursuant to s. 108.04 (8) (d).

SB21-SSA1,3118 Section 3118. 108.141 (3g) (a) 3. (intro.) of the statutes is amended to read:

SB21-SSA1,929,2 108.141 (3g) (a) 3. (intro.) Work Notwithstanding s. 108.02 (24g), work is suitable within the meaning of subd. 2. if:

SB21-SSA1,3119 Section 3119. 108.141 (7) (a) of the statutes is amended to read:

SB21-SSA1,929,10 108.141 (7) (a) The department shall charge the state's share of each week of extended benefits to each employer's account in proportion to the employer's share of the total wages of the employee receiving the benefits in the employee's base period, except that if the employer is subject to the contribution requirements of ss. 108.17 and 108.18 the department shall charge the share of extended benefits to which s. 108.04 (1) (f), (5), (7) (a), (c), (e), (L), (q), (s), or (t), (7m) or (8) (a) or (b), 108.07 (3), (3r), or (5) (b), or 108.133 (3) (f) applies to the fund's balancing account.

SB21-SSA1,3119m Section 3119m. 108.16 (6) (n) of the statutes is amended to read:

SB21-SSA1,929,14 108.16 (6) (n) Any The amount of any penalty collected under s. 108.04 (11) (bh) that accounts for the minimum penalty required to be assessed and deposited into the fund under 42 USC 503 (a) (11).

SB21-SSA1,3120 Section 3120. 108.16 (6m) (a) of the statutes is amended to read:

SB21-SSA1,929,18 108.16 (6m) (a) The benefits thus chargeable under s. 108.04 (1) (f), (5), (5g), (7) (h), (8) (a) or (b), (13) (c) or (d) or (16) (e), 108.07 (3), (3r), (5) (b), (5m), or (6), 108.133 (3) (f), 108.14 (8n) (e), 108.141, 108.151, or 108.152 or sub. (6) (e) or (7) (a) and (b).

SB21-SSA1,3120m Section 3120m. 108.19 (1s) (a) of the statutes is amended to read:

SB21-SSA1,929,23 108.19 (1s) (a) There is created a separate, nonlapsible trust fund designated as the unemployment program integrity fund consisting of all amounts collected under s. 108.04 (11) (bh) other than the amounts required to be deposited in the fund under s. 108.16 (6) (n).

SB21-SSA1,3121 Section 3121 . 108.227 (1) (e) 3. of the statutes is amended to read:

SB21-SSA1,930,6 108.227 (1) (e) 3. A license, certificate of approval, provisional license, conditional license, certification, certification card, registration, permit, training permit or approval specified in s. 50.35, 50.49 (6) (a) or (10), 51.038, 51.04, 51.42 (7) (b) 11., 51.421 (3) (a), 51.45 (8), 146.40 (3), (3g), or (3m), 252.23 (2), 252.24 (2), 254.176, 254.20 (3), 255.08 (2) (a), 256.15 (5) (a) or (b), (6g) (a), (7), or (8) (a) or (f) or 343.305 (6) (a) or a permit for operation of a campground specified in s. 254.47 (1).

SB21-SSA1,3122 Section 3122 . 108.227 (1) (e) 3. of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21-SSA1,930,14 108.227 (1) (e) 3. A license, certificate of approval, provisional license, conditional license, certification, certification card, registration, permit, training permit or approval specified in s. 50.35, 50.49 (6) (a) or (10), 51.038, 51.04, 51.42 (7) (b) 11., 51.421 (3) (a), 51.45 (8), 146.40 (3), (3g), or (3m), 254.176, 254.20 (3), 256.15 (5) (a) or (b), (6g) (a), (7), or (8) (a) or (f) or 343.305 (6) (a) or a permit license for operation of a campground specified in s. 254.47 (1) 97.67 (1).

SB21-SSA1,3133m Section 3133m. 109.03 (1) (c) of the statutes is amended to read:

SB21-SSA1,930,17 109.03 (1) (c) Unclassified employees Employees of the University of Wisconsin System other than university staff, as defined in s. 36.05 (15).

SB21-SSA1,3138g Section 3138g. 111.70 (4) (d) 1. of the statutes is amended to read:

SB21-SSA1,931,8 111.70 (4) (d) 1. A representative chosen for the purposes of collective bargaining by a majority of the municipal public safety employees or transit employees voting in a collective bargaining unit shall be the exclusive representative of all employees in the unit for the purpose of collective bargaining. A representative chosen for the purposes of collective bargaining by at least 51 percent of the general municipal employees in a collective bargaining unit shall be the exclusive representative of all employees in the unit for the purpose of collective bargaining. Any individual employee, or any minority group of employees in any collective bargaining unit, shall have the right to present grievances to the municipal employer in person or through representatives of their own choosing, and the municipal employer shall confer with said the employee in relation thereto, if the majority representative has been afforded the opportunity to be present at the conferences. Any adjustment resulting from these conferences shall may not be inconsistent with the conditions of employment established by the majority representative and the municipal employer.

SB21-SSA1,3139 Section 3139. 111.81 (5) of the statutes is created to read:

SB21-SSA1,931,11 111.81 (5) "Division" means the division of personnel management in the department of administration.

SB21-SSA1,3140m Section 3140m. 111.81 (7) (ar) of the statutes, as created by 2011 Wisconsin Act 32, is amended to read:

SB21-SSA1,931,17 111.81 (7) (ar) Any employee who is employed by the University of Wisconsin System, except an employee who is assigned to the University of Wisconsin-Madison, and except faculty under s. 36.13 , and except academic staff under s. 36.15.

SB21-SSA1,3141m Section 3141m. 111.81 (7) (at) of the statutes, as created by 2011 Wisconsin Act 32, is amended to read:

SB21-SSA1,931,22 111.81 (7) (at) Any employee who is employed by the University of Wisconsin System and assigned to the University of Wisconsin-Madison except faculty under s. 36.13 and except academic staff under s. 36.15.

SB21-SSA1,3143 Section 3143. 111.81 (7) (f) of the statutes is amended to read:

SB21-SSA1,932,3 111.81 (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), 2013 stats.

SB21-SSA1,3148 Section 3148. 111.81 (14) of the statutes is repealed.

SB21-SSA1,3152 Section 3152. 111.815 (1) and (2) of the statutes, as affected by 2013 Wisconsin Act 166, are amended to read:

SB21-SSA1,933,2 111.815 (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 division shall negotiate and administer collective bargaining agreements. To coordinate the employer position in the negotiation of agreements, the office division 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 (1r) and (1t), the office division 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 division that require legislative action. With respect to the collective bargaining units specified in s. 111.825 (1r), the Board of Regents of the University of Wisconsin System is responsible for the employer functions under this subchapter. With respect to the collective bargaining units specified in s. 111.825 (1t), the chancellor of the University of Wisconsin-Madison is responsible for the employer functions under this subchapter. With respect to the collective bargaining unit specified in s. 111.825 (1r) (ef), the governing board of the charter school established by contract under s. 118.40 (2r) (cm), 2013 stats., is responsible for the employer functions under this subchapter.

SB21-SSA1,933,9 (2) The director of the office administrator of the division 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 (1r) and (1t). The director of the office Except as provided in s. 36.115 (7), the administrator of the division shall establish and maintain, wherever practicable, consistent employment relations policies and practices throughout the state service.

SB21-SSA1,3154 Section 3154. 111.815 (3) of the statutes is amended to read:

SB21-SSA1,933,13 111.815 (3) With regard to collective bargaining activities involving employees who are assistant district attorneys, the director of the office administrator of the division shall maintain close liaison with the secretary of administration.

SB21-SSA1,3156 Section 3156. 111.825 (1r) (ef) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB21-SSA1,933,18 111.825 (1r) (ef) 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), 2013 stats.

SB21-SSA1,3161r Section 3161r. 111.83 (1) of the statutes is amended to read:

SB21-SSA1,934,9 111.83 (1) Except as provided in sub. (5), a representative chosen for the purposes of collective bargaining by a majority at least 51 percent of the general employees voting in a collective bargaining unit shall be the exclusive representative of all of the employees in such unit for the purposes of collective bargaining. A representative chosen for the purposes of collective bargaining by a majority of the public safety employees voting in a collective bargaining unit shall be the exclusive representative of all of the employees in such unit for the purposes of collective bargaining. Any individual employee, or any minority group of employees in any collective bargaining unit, may present grievances to the employer in person, or through representatives of their own choosing, and the employer shall confer with said the employee or group of employees in relation thereto if the majority representative has been afforded the opportunity to be present at the conference. Any adjustment resulting from such a conference may not be inconsistent with the conditions of employment established by the majority representative and the employer.

SB21-SSA1,3162 Section 3162. 111.83 (3) (a) of the statutes is amended to read:

SB21-SSA1,934,25 111.83 (3) (a) Whenever a question arises concerning the representation of employees in a collective bargaining unit the commission shall determine the representative thereof by taking a secret ballot of the employees and certifying in writing the results thereof to the interested parties and to the director of the office administrator of the division. There shall be included on any ballot for the election of representatives the names of all labor organizations having an interest in representing the employees participating in the election as indicated in petitions filed with the commission. The name of any existing representative shall be included on the ballot without the necessity of filing a petition. The commission may exclude from the ballot one who, at the time of the election, stands deprived of his or her rights under this subchapter by reason of a prior adjudication of his or her having engaged in an unfair labor practice. The ballot shall be so prepared as to permit a vote against representation by anyone named on the ballot. The commission's certification of the results of any election is conclusive as to the findings included therein unless reviewed under s. 111.07 (8).

SB21-SSA1,3162t Section 3162t. 111.83 (5) (d) of the statutes is amended to read:

SB21-SSA1,935,7 111.83 (5) (d) If at an election held under par. (b), a majority at least 51 percent of the employees voting in the collective bargaining unit at all institutions in which the choice to participate in collective bargaining receives a majority at least 51 percent of the eligible votes cast elect to be represented by a single labor organization, that labor organization shall be the exclusive representative for all employees in that collective bargaining unit, except those excluded under par. (c).

SB21-SSA1,3162u Section 3162u. 111.83 (5) (e) of the statutes is amended to read:

SB21-SSA1,935,15 111.83 (5) (e) If at an election held under par. (b), a majority at least 51 percent of the employees voting in the collective bargaining unit at all institutions in which the choice to participate in collective bargaining receives a majority at least 51 percent of the eligible votes cast do not elect to be represented by a single labor organization, the commission may hold one or more runoff elections under sub. (4) until one representative receives a majority at least 51 percent of the eligible votes cast.

SB21-SSA1,3162v Section 3162v. 111.83 (5) (f) of the statutes is amended to read:

SB21-SSA1,936,2 111.83 (5) (f) Notwithstanding par. (b), if a labor organization is certified to represent the employees within the collective bargaining unit at one or more institutions, and a petition is filed with the commission indicating a showing of interest by the employees at an institution which is not a part of the unit under par. (c) to be represented by a labor organization, the only question which shall may appear on the ballot shall be whether the employees desire to participate in collective bargaining. A petition under this paragraph may only be filed only during June in an even-numbered year. If a majority at least 51 percent of the employees voting at the institution who are included within the collective bargaining unit vote to participate in collective bargaining, the employees at that institution shall become a part of that collective bargaining unit.

SB21-SSA1,3167 Section 3167. 111.86 (2) of the statutes is amended to read:

SB21-SSA1,936,10 111.86 (2) The office division shall charge a state department or agency the employer's share of the cost related to grievance arbitration under sub. (1) for any arbitration that involves one or more employees of the state department or agency. Each state department or agency so charged shall pay the amount that the office division charges from the appropriation account or accounts used to pay the salary of the grievant. Funds received under this subsection shall be credited to the appropriation account under s. 20.545 (1) (km) 20.505 (1) (ks).

SB21-SSA1,3168 Section 3168. 111.89 (1) of the statutes is amended to read:

SB21-SSA1,936,17 111.89 (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-SSA1,3169 Section 3169. 111.91 (4) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB21-SSA1,937,3 111.91 (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-SSA1,3171 Section 3171. 111.915 of the statutes is amended to read:

SB21-SSA1,937,11 111.915 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-SSA1,3172 Section 3172. 111.92 (1) (a) 1. of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB21-SSA1,937,18 111.92 (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-SSA1,3176 Section 3176. 111.92 (1) (c) of the statutes is amended to read:

SB21-SSA1,937,25 111.92 (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-SSA1,3182g Section 3182g. 115.001 (1) of the statutes is amended to read:

SB21-SSA1,938,5 115.001 (1) Charter school. "Charter school" means a school under contract with a school board under s. 118.40 or, with one of the entities under s. 118.40 (2r) (b) 1., or with the director under s. 118.40 (2x), or a school established and operated by one of the entities under s. 118.40 (2r) (b) 1. a. to d.

SB21-SSA1,3182s Section 3182s. 115.28 (7) (a) of the statutes is amended to read:

SB21-SSA1,938,18 115.28 (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), 118.191, 118.192, 118.193, 118.194, and 118.195; prescribe by rule standards, requirements, and procedures for the approval of teacher preparatory programs leading to licensure, including a requirement that, beginning on July 1, 2012, and annually thereafter, each teacher preparatory program located in this state shall submit to the department a list of individuals who have completed the program and who have been recommended by the program for licensure under this subsection, together with each individual's date of program completion, from each term or semester of the program's most recently completed academic year; file in the state superintendent's office all papers relating to state teachers' licenses; and register each such license.

SB21-SSA1,3184m Section 3184m. 115.28 (9m) of the statutes is created to read:

SB21-SSA1,938,24 115.28 (9m) Waiver of pupil assessment requirements. (a) Request a waiver from the federal department of education that would permit the state superintendent to approve between 3 and 5 examinations, selected by the University of Wisconsin-Madison Value-Added Research Center under s. 118.301 (2), for administration to pupils as provided under s. 118.301 (3).

SB21-SSA1,939,7 (b) Upon receipt of the waiver under par. (a), submit the waiver, together with a request to supplement the appropriation under s. 20.255 (1) (fm) with the funds that are held in the appropriation under s. 20.865 (4) (a) for the purposes described under s. 118.301, to the joint committee on finance for consideration by the committee at its next quarterly meeting under s. 13.10. Upon approval of the state superintendent's request under this paragraph, the joint committee on finance shall release the funds.

SB21-SSA1,3184p Section 3184p. 115.28 (10m) of the statutes is created to read:

SB21-SSA1,939,18 115.28 (10m) Report to the superintendent of schools of a 1st class city school district and to the commissioner of the opportunity schools and partnership programs. (a) By October 15, 2015, and annually thereafter, submit to the commissioner of the opportunity schools and partnership program under subch. II of ch. 119 and to the superintendent of schools of the school district operating under ch. 119 a report that identifies the schools in Milwaukee County and located in a school district that was placed in the lowest performance category on the most recent accountability report published for that school district under s. 115.385 (1) to which any of the following applies, and that disaggregates the schools by elementary school, middle school, junior high school, high school, and senior high school:

SB21-SSA1,939,20 1. The school was assigned to the lowest performance category on the most recent accountability report published for the school under s. 115.385 (1).

SB21-SSA1,939,22 2. The school building is vacant or an underutilized building, as defined in s. 119.61 (1) (c).

SB21-SSA1,940,5 (b) By October 15 of the first year in which the state superintendent determines that a school district is an eligible school district, as defined in s. 115.999 (1) (d), and annually thereafter, submit to the commissioner of the opportunity schools and partnership program under subch. IX a report that identifies each school in that eligible school district that was assigned to the lowest performance category on the most recent accountability report published for the school under s. 115.385 (1) and that disaggregates the schools by elementary school, middle school, junior high school, high school, and senior high school.

SB21-SSA1,3184r Section 3184r. 115.28 (10o) of the statutes is created to read:

SB21-SSA1,940,9 115.28 (10o) Notice of eligible school district. (a) Beginning in October of the 2015-16 school year, annually determine whether any school district qualifies as an eligible school district, as defined in s. 115.999 (1) (d).

SB21-SSA1,940,13 (b) Notify the governor, the appropriate county executive, as defined in s. 115.999 (1) (b), and the appropriate mayor, as defined in s. 115.999 (1) (e), as soon as the state superintendent determines that a school district qualifies as an eligible school district, as defined in s. 115.999 (1) (d).

SB21-SSA1,3185 Section 3185. 115.28 (54m) of the statutes is created to read:

SB21-SSA1,940,21 115.28 (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-SSA1,3186 Section 3186. 115.28 (61) of the statutes is created to read:

SB21-SSA1,940,24 115.28 (61) Whole grade sharing feasibility studies. Approve organizations to conduct feasibility studies under s. 118.50 (2) (c).

SB21-SSA1,3186g Section 3186g. 115.28 (62) of the statutes is created to read:

SB21-SSA1,941,2 115.28 (62) Microsoft IT Academy coordinator. Designate one individual to serve as the coordinator of the Microsoft IT Academy program.

SB21-SSA1,3187m Section 3187m. 115.29 (4) (a) of the statutes is amended to read:

SB21-SSA1,941,17 115.29 (4) (a) Grant declarations a declaration of equivalency of high school graduation to persons, an individual if the individual has successfully completed the civics test required under s. 118.33 (1m) (a) and if, in the state superintendent's judgment they have, the individual has presented satisfactory evidence of having completed a recognized high school course of study or its equivalent. The state superintendent 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, 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 , or other standards established by the state superintendent.