Amendment AA6-ASA2-AB68

AB68-ASA2-AA6,101,3 (c) If a fair-share or maintenance of membership agreement is authorized in a referendum ordered under par. (a), the employer shall enter into such an agreement with the labor organization named on the ballot in the referendum. Each fair-share or maintenance of membership agreement shall contain a provision requiring the employer to deduct the amount of dues as certified by the labor organization from the earnings of the public safety employees affected by the agreement and to pay the amount so deducted to the labor organization. Unless the parties agree to an earlier date, the agreement shall take effect 60 days after certification by the commission that the referendum vote authorized the agreement. The employer shall be held harmless against any claims, demands, suits and other forms of liability made by public safety the employees affected by the agreement or by local labor organizations which may arise for actions taken by the employer in compliance with this section. All such lawful claims, demands, suits, and other forms of liability are the responsibility of the labor organization entering into the agreement.

AB68-ASA2-AA6,101,10 (d) Under each fair-share or maintenance of membership agreement, a public safety an employee affected by the agreement who has religious convictions against dues payments to a labor organization based on teachings or tenets of a church or religious body of which he or she is a member shall, on request to the labor organization, have his or her dues paid to a charity mutually agreed upon by the public safety employee and the labor organization. Any dispute concerning this paragraph may be submitted to the commission for adjudication.

AB68-ASA2-AA6,341cp Section 341cp. 111.85 (2) of the statutes is amended to read:

AB68-ASA2-AA6,102,3 111.85 (2) (a) Once authorized under sub. (1), a fair-share or maintenance of membership agreement covering public safety employees shall continue in effect, subject to the right of the employer or labor organization concerned to petition the commission to conduct a new referendum. Such petition must be supported by proof that at least 30 percent of the public safety employees in the collective bargaining unit or at least 30 percent of the employees in a collective bargaining unit containing a frontline worker desire that the fair-share or maintenance of membership agreement be discontinued. Upon so finding, the commission shall conduct a new referendum. If the continuance of the fair-share or maintenance of membership agreement is approved in the referendum by at least the percentage of eligible voting public safety employees required for its initial authorization, it shall be continued in effect, subject to the right of the employer or labor organization to later initiate a further vote following the procedure prescribed in this subsection. If the continuation of the agreement is not supported in any referendum, it is deemed terminated terminates at the termination of the collective bargaining agreement, or one year from the date of the certification of the result of the referendum, whichever is earlier.

AB68-ASA2-AA6,102,12 (b) The commission shall declare any fair-share or maintenance of membership agreement suspended upon such conditions and for such time as the commission decides whenever it finds that the labor organization involved has refused on the basis of race, color, sexual orientation or creed to receive as a member any public safety employee in the collective bargaining unit involved, and the agreement shall be made subject to the findings and orders of the commission. Any of the parties to the agreement, or any public safety employee covered thereby, may come before the commission, as provided in s. 111.07, and petition the commission to make such a finding.

AB68-ASA2-AA6,341cq Section 341cq. 111.85 (4) of the statutes is amended to read:

AB68-ASA2-AA6,102,17 111.85 (4) The commission may, under rules adopted for that purpose, appoint as its agent an official of a state agency or authority whose public safety employees are entitled to vote in a referendum to conduct a referendum provided for herein under this section.

AB68-ASA2-AA6,341cr Section 341cr. 111.86 (2) of the statutes is amended to read:

AB68-ASA2-AA6,102,25 111.86 (2) The division shall charge a state department or, agency, or authority 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, or authority. Each state department or, agency, or authority so charged shall pay the amount that the 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. 20.505 (1) (ks).

AB68-ASA2-AA6,341cs Section 341cs. 111.88 (1) of the statutes is amended to read:

AB68-ASA2-AA6,103,12 111.88 (1) If a dispute has not been settled after a reasonable period of negotiation and after the settlement procedures, if any, established by the parties have been exhausted, the representative which has been certified by the commission after an election, or, in the case of a representative of employees specified in s. 111.81 (7) (a) or (ag), has been duly recognized by the employer, as the exclusive representative of employees in an appropriate collective bargaining unit, and the employer, its officers and agents, after a reasonable period of negotiation, are deadlocked with respect to any dispute between them arising in the collective bargaining process, the parties jointly, may petition the commission, in writing, to initiate fact-finding under this section, and to make recommendations to resolve the deadlock.

AB68-ASA2-AA6,341ct Section 341ct. 111.90 (1) of the statutes is amended to read:

AB68-ASA2-AA6,103,16 111.90 (1) Carry out the statutory mandate and goals assigned to a state agency or authority by the most appropriate and efficient methods and means and utilize personnel in the most appropriate and efficient manner possible.

AB68-ASA2-AA6,341cu Section 341cu. 111.90 (2) of the statutes is amended to read:

AB68-ASA2-AA6,103,20 111.90 (2) Manage the employees of a state agency or authority; hire, promote, transfer, assign or retain employees in positions within the agency or authority; and in that regard establish reasonable work rules.

AB68-ASA2-AA6,341cv Section 341cv. 111.91 (1w) of the statutes is created to read:

AB68-ASA2-AA6,104,5 111.91 (1w) (a) Except as provided in pars. (b) and (c), with regard to a collective bargaining unit that contains at least one frontline worker, matters subject to collective bargaining to the point of impasse are wage rates, consistent with sub. (2), the assignment and reassignment of classifications to pay ranges, determination of an incumbent's pay status resulting from position reallocation or reclassification, and pay adjustments upon temporary assignment of classified employees to duties of a higher classification or downward reallocations of a classified employee's position; fringe benefits consistent with sub. (2); hours and conditions of employment.

AB68-ASA2-AA6,104,10 (b) With regard to a collective bargaining unit that contains at least one frontline worker, the employer is not required to bargain on management rights under s. 111.90, except that procedures for the adjustment or settlement of grievances or disputes arising out of any type of disciplinary action referred to in s. 111.90 (3) shall be a subject of bargaining.

AB68-ASA2-AA6,104,12 (c) The employer is prohibited from bargaining on matters contained in sub. (2) with a collective bargaining unit that contains at least one frontline worker.

AB68-ASA2-AA6,341cw Section 341cw. 111.91 (2) (intro.) of the statutes is amended to read:

AB68-ASA2-AA6,104,16 111.91 (2) (intro.) The employer is prohibited from bargaining with a collective bargaining unit under s. 111.825 (1) (g) or with a collective bargaining unit that contains a frontline worker with respect to all of the following:

AB68-ASA2-AA6,341cx Section 341cx. 111.91 (3) (intro.) of the statutes is amended to read:

AB68-ASA2-AA6,104,20 111.91 (3) (intro.) The employer is prohibited from bargaining with a collective bargaining unit containing a only general employee employees with respect to any of the following:

AB68-ASA2-AA6,341cy Section 341cy. 111.91 (3q) of the statutes is amended to read:

AB68-ASA2-AA6,105,2 111.91 (3q) For purposes of determining compliance with sub. (3), the commission shall provide, upon request, to the employer or to any representative of a collective bargaining unit containing a only general employee employees, the consumer price index change during any 12-month period. The commission may get the information from the department of revenue.

AB68-ASA2-AA6,341cz Section 341cz. 111.91 (4) of the statutes is amended to read:

AB68-ASA2-AA6,105,12 111.91 (4) The administrator of the division, in connection with the development of tentative collective bargaining agreements to be submitted under s. 111.92 (1) (a) 1., shall endeavor to obtain tentative agreements with each recognized or certified labor organization representing employees or supervisors of employees specified in s. 111.81 (7) (a) or (ag) 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.

AB68-ASA2-AA6,341db Section 341db. 111.92 (3) (a) of the statutes is amended to read:

AB68-ASA2-AA6,105,16 111.92 (3) (a) Agreements covering a collective bargaining unit specified under s. 111.825 (1) (g) or a collective bargaining unit containing a frontline worker shall coincide with the fiscal year or biennium.

AB68-ASA2-AA6,341dc Section 341dc. 111.92 (3) (b) of the statutes is amended to read:

AB68-ASA2-AA6,105,21 111.92 (3) (b) No agreements covering a collective bargaining unit containing a only general employee employees may be for a period that exceeds one year, and each agreement must coincide with the fiscal year. Agreements covering a collective bargaining unit containing a only general employee employees may not be extended.

AB68-ASA2-AA6,341dd Section 341dd. 111.93 (3) (a) of the statutes is amended to read:

AB68-ASA2-AA6,106,7 111.93 (3) (a) If a collective bargaining agreement exists between the employer and a labor organization representing employees in a collective bargaining unit under s. 111.825 (1) (g) or in a collective bargaining unit containing a frontline worker, the provisions of that agreement shall supersede the provisions of civil service and other applicable statutes, as well as rules and policies of the University of Wisconsin-Madison and the board of regents of the University of Wisconsin System, and policies or determinations of an authority, that are related to wages, fringe benefits, hours, and conditions of employment, whether or not the matters contained in those statutes, rules, and policies , and determinations are set forth in the collective bargaining agreement.

AB68-ASA2-AA6,341de Section 341de. 111.93 (3) (b) of the statutes is amended to read:

AB68-ASA2-AA6,106,15 111.93 (3) (b) If a collective bargaining agreement exists between the employer and a labor organization representing only general employees in a collective bargaining unit, the provisions of that agreement shall supersede the provisions of civil service and other applicable statutes, as well as rules and policies of the board of regents of the University of Wisconsin System, related to wages, whether or not the matters contained in those statutes, rules, and policies are set forth in the collective bargaining agreement.”.

AB68-ASA2-AA6,106,16 73. Page 337, line 10: after that line insert:

AB68-ASA2-AA6,106,17 “ Section 351b. 118.22 (4) of the statutes is created to read:

AB68-ASA2-AA6,106,21 118.22 (4) A collective bargaining agreement under subch. IV of ch. 111 may modify, waive, or replace any of the provisions of this section as they apply to teachers in the collective bargaining unit, but neither the employer nor the bargaining agent for the employees is required to bargain such modification, waiver, or replacement.

AB68-ASA2-AA6,351d Section 351d. 118.245 (1) of the statutes is amended to read:

AB68-ASA2-AA6,107,7 118.245 (1) If a school board wishes to increase the total base wages of its general municipal employees, as defined in s. 111.70 (1) (fm), in an amount that exceeds the limit under s. 111.70 (4) (mb) 2., the school board shall adopt a resolution to that effect. The resolution shall specify the amount by which the proposed total base wages increase will exceed the limit under s. 111.70 (4) (mb) 2. The resolution may not take effect unless it is approved in a referendum called for that purpose. The referendum shall occur in April for collective bargaining agreements that begin in July of that year. The results of a referendum apply to the total base wages only in the next collective bargaining agreement.

AB68-ASA2-AA6,351f Section 351f. 118.42 (3) (a) 4. of the statutes is amended to read:

AB68-ASA2-AA6,107,11 118.42 (3) (a) 4. Implement changes in administrative and personnel structures that are consistent with applicable collective bargaining agreements under subch. IV of ch. 111.

AB68-ASA2-AA6,351h Section 351h. 118.42 (5) of the statutes is amended to read:

AB68-ASA2-AA6,107,16 118.42 (5) Nothing in this section alters or otherwise affects the rights or remedies afforded school districts and school district employees under federal or state law or under the terms of any applicable collective bargaining agreement under subch. IV of ch. 111.

AB68-ASA2-AA6,351L Section 351L. 120.12 (15) of the statutes is amended to read:

AB68-ASA2-AA6,107,23 120.12 (15) School hours. Establish rules scheduling the hours of a normal school day. The school board may differentiate between the various elementary and high school grades in scheduling the school day. This subsection does not eliminate a school district's duty under subch. IV of ch. 111 to bargain with its employees' collective bargaining representative over any calendaring proposal which is primarily related to wages, hours, or conditions of employment.

AB68-ASA2-AA6,351p Section 351p. 120.18 (1) (gm) of the statutes is amended to read:

AB68-ASA2-AA6,108,15 120.18 (1) (gm) Payroll and related benefit costs for all school district employees in the previous school year. Payroll costs Costs for represented employees shall be based upon the costs of wages of any collective bargaining agreements covering such employees for the previous school year. If, as of the time specified by the department for filing the report, the school district has not entered into a collective bargaining agreement for any portion of the previous school year with the recognized or certified representative of any of its employees, increased costs of wages reflected in the report shall be equal to the maximum wage expenditure that is subject to collective bargaining under s. 111.70 (4) (mb) 2. for the employees limited to the lower of the school district's offer or the representative's offer. The school district shall amend the annual report to reflect any change in such costs as a result of any collective bargaining agreement entered into between the date of filing the report and October 1. Any such amendment shall be concurred in by the certified public accountant licensed or certified under ch. 442 certifying the school district audit.”.

AB68-ASA2-AA6,108,16 74. Page 340, line 9: after that line insert:

AB68-ASA2-AA6,108,17 “ Section 362m. 165.25 (4) (ar) of the statutes is amended to read:

AB68-ASA2-AA6,108,24 165.25 (4) (ar) The department of justice shall furnish all legal services required by the department of agriculture, trade and consumer protection relating to the enforcement of ss. 91.68, 93.73, 100.171, 100.173, 100.174, 100.175, 100.177, 100.18, 100.182, 100.195, 100.20, 100.205, 100.207, 100.209, 100.2091, 100.2092, 100.21, 100.28, 100.37, 100.42, 100.50, 100.51, 100.55, and 846.45 and chs. 126, 136, 344, 704, 707, and 779, together with any other services as are necessarily connected to the legal services.”.

AB68-ASA2-AA6,109,1 75. Page 340, line 12: delete lines 12 to 17 and substitute:

AB68-ASA2-AA6,109,2 “ Section 364b. 196.218 (5) (a) 10. of the statutes is amended to read:

AB68-ASA2-AA6,109,4 196.218 (5) (a) 10. To make broadband expansion grants and administer the program under s. 196.504 (2).

AB68-ASA2-AA6,364c Section 364c. 196.504 (1) (ac) 4. of the statutes is created to read:

AB68-ASA2-AA6,109,7 196.504 (1) (ac) 4. A political subdivision that is underserved or that is located in an unserved area.

AB68-ASA2-AA6,364d Section 364d. 196.504 (2) (a) of the statutes is amended to read:

AB68-ASA2-AA6,109,13 196.504 (2) (a) To make broadband expansion grants to eligible applicants for the purpose of constructing broadband infrastructure in underserved areas designated under par. (d). Grants awarded under this section subsection shall be paid from the appropriations under s. ss. 20.155 (3) (a), (r), and (rm) and 20.866 (2) (z), in the amount allocated under s. 20.866 (2) (z) 5.

AB68-ASA2-AA6,364e Section 364e. 196.504 (2) (b) of the statutes is amended to read:

AB68-ASA2-AA6,109,19 196.504 (2) (b) To prescribe the form, nature, and extent of the information that shall be contained in an application for a grant under this section subsection. The application shall require the applicant to identify the area of the state that will be affected by the proposed project and explain how the proposed project will increase broadband access.

AB68-ASA2-AA6,364f Section 364f. 196.504 (2) (c) of the statutes is amended to read:

AB68-ASA2-AA6,110,13 196.504 (2) (c) To establish criteria for evaluating applications and awarding grants under this section subsection. The criteria shall prohibit grants that have the effect of subsidizing the expenses of a provider of telecommunications service, as defined in s. 182.017 (1g) (cq), or the monthly bills of customers of those providers. The criteria shall give priority to projects that include matching funds, that involve public-private partnerships, that affect unserved areas, that are scalable, that promote economic development, that will not result in delaying the provision of broadband service to areas neighboring areas to be served by the proposed project, or that affect a large geographic area or a large number of underserved individuals or communities. When evaluating grant applications under this section subsection, the commission shall consider the degree to which the proposed projects would duplicate existing broadband infrastructure, information about the presence of which is provided to the commission by the applicant or another person within a time period designated by the commission; the impacts of the proposed projects on the ability of individuals to access health care services from home and the cost of those services; and the impacts of the proposed projects on the ability of students to access educational opportunities from home.

AB68-ASA2-AA6,364g Section 364g. 196.504 (2g) of the statutes is created to read:

AB68-ASA2-AA6,110,16 196.504 (2g) The commission shall administer the broadband connector program and shall have the following powers:

AB68-ASA2-AA6,110,24 (a) To make broadband planning grants to political subdivisions, school districts, tribal governments, regional planning commissions, nonprofit organizations, and local economic development organizations for broadband planning, feasibility engineering related to broadband infrastructure construction, broadband adoption planning, and digital inclusion activities. The amount of a broadband planning grant under this subsection may not exceed $50,000. Grants awarded under this subsection shall be paid from the appropriation under s. 20.155 (3) (a).

AB68-ASA2-AA6,111,2 (b) To provide training, technical assistance, and information on broadband infrastructure construction, broadband adoption, and digital inclusion.

AB68-ASA2-AA6,364h Section 364h. 196.504 (2r) of the statutes is created to read:

AB68-ASA2-AA6,111,5 196.504 (2r) The commission shall administer the line extension assistance program and shall have the following powers:

AB68-ASA2-AA6,111,11 (a) To make financial assistance grants to residents of properties that are not served by a broadband service provider to assist in paying the customer costs associated with line extension necessary to connect broadband service to the properties. The amount of a financial assistance grant under this subsection may not exceed $4,000. Grants awarded under this subsection shall be paid from the appropriations under s. 20.155 (3) (a).

AB68-ASA2-AA6,111,14 (b) To establish criteria for evaluating applications and awarding financial assistance grants under this subsection. The criteria shall give priority to properties that serve as a primary residence.

AB68-ASA2-AA6,364i Section 364i. 196.504 (3) (d) of the statutes is created to read:

AB68-ASA2-AA6,111,20 196.504 (3) (d) Require each Internet service provider to disclose to the commission by April 1 of each year the properties it serves, the average minimum download and upload speeds at which it provides residential and business Internet service to those properties, and a description of its existing service area in a format determined by the commission.”.

AB68-ASA2-AA6,111,21 76. Page 340, line 17: after that line insert:

AB68-ASA2-AA6,111,22 “ Section 364j. 227.01 (13) (t) of the statutes is created to read:

AB68-ASA2-AA6,112,2 227.01 (13) (t) Ascertains and determines prevailing wage rates under ss. 66.0903, 103.49, 103.50, and 229.8275, except that any action or inaction which ascertains and determines prevailing wage rates under ss. 66.0903, 103.49, 103.50, and 229.8275 is subject to judicial review under s. 227.40.

AB68-ASA2-AA6,364k Section 364k. 229.682 (2) of the statutes is created to read:

AB68-ASA2-AA6,112,5 229.682 (2) Prevailing wage. The construction of a baseball park facility that is financed in whole or in part by a district is subject to s. 66.0903.

AB68-ASA2-AA6,364L Section 364L. 229.8275 of the statutes is created to read:

AB68-ASA2-AA6,112,12 229.8275 Prevailing wage. A district may not enter into a contract under s. 229.827 with a professional football team, as described in s. 229.823, or a related party that requires the team or related party to acquire and construct or renovate football stadium facilities that are part of any facilities that are leased by the district to the team or to a related party unless the professional football team or related party agrees to all of the following:

AB68-ASA2-AA6,112,18 (1) Not to allow any employee working on the football stadium facilities who would be entitled to receive the prevailing wage rate under s. 66.0903 and who would not be required or allowed to work more than the prevailing hours of labor, if the football stadium facilities were a project of public works subject to s. 66.0903, to be paid less than the prevailing wage rate or to be required or allowed to work more than the prevailing hours of labor, except as allowed under s. 66.0903 (4) (a).

AB68-ASA2-AA6,112,24 (2) To require any contractor, subcontractor, or agent of a contractor or subcontractor performing work on the football stadium facilities to keep and allow inspection of records in the same manner as a contractor, subcontractor, or agent of a contractor or subcontractor performing work on a project of public works that is subject to s. 66.0903 is required to keep and allow inspection of records under s. 66.0903 (10).

AB68-ASA2-AA6,113,8 (3) To comply with s. 66.0903 in the same manner as a local governmental unit contracting for the erection, construction, remodeling, repairing, or demolition of a project of public works is required to comply with s. 66.0903 and to require any contractor, subcontractor, or agent of a contractor or subcontractor performing work on the football stadium facilities to comply with s. 66.0903 in the same manner as a contractor, subcontractor, or agent of a contractor or subcontractor performing work on a project of public works that is subject to s. 66.0903 is required to comply with s. 66.0903.”.

AB68-ASA2-AA6,113,9 77. Page 340, line 17: after that line insert:

AB68-ASA2-AA6,113,10 “ Section 364m. 230.10 (2) of the statutes is amended to read:

AB68-ASA2-AA6,114,2 230.10 (2) The compensation plan in effect at the time that a representative is recognized or certified to represent employees in a collective bargaining unit and the employee salary and benefit provisions under s. 230.12 (3) (e) in effect at the time that a representative is certified to represent employees in a collective bargaining unit under subch. V of ch. 111 constitute the compensation plan or employee salary and benefit provisions for employees in the collective bargaining unit until a collective bargaining agreement becomes effective for that unit. If a collective bargaining agreement under subch. V of ch. 111 expires prior to the effective date of a subsequent agreement, and a representative continues to be recognized or certified to represent employees specified in s. 111.81 (7) (a) or (ag) or certified to represent employees specified in s. 111.81 (7) (ar) to (f) in that collective bargaining unit, the wage rates of the employees in such a unit shall be frozen until a subsequent agreement becomes effective, and the compensation plan under s. 230.12 and salary and benefit changes adopted under s. 230.12 (3) (e) do not apply to employees in the unit.”.

AB68-ASA2-AA6,114,3 78. Page 340, line 17: after that line insert:

AB68-ASA2-AA6,114,4 “ Section 364o. 238.137 of the statutes is created to read:

AB68-ASA2-AA6,114,10 238.137 Small business pandemic recovery program. The corporation shall aid in the state's economic recovery from the COVID-19 global pandemic by providing financial assistance to small businesses adversely affected by the pandemic, including for the retention of current employees and the rehiring of former employees. The corporation shall, as necessary, coordinate with the department of revenue in the administration of the program under this section.”.

AB68-ASA2-AA6,114,11 79. Page 340, line 17: after that line insert: