AB150: Bill Text

AB150,1345,18 111.825 (1) (intro.) It is the legislative intent that in order to foster meaningful collective bargaining, units must be structured in such a way as to avoid excessive fragmentation whenever possible. In accordance with this policy, collective bargaining units for employes in the classified service of the state are structured on a statewide basis with one collective bargaining unit for each of the following occupational groups:

AB150, s. 3824 Section 3824. 111.825 (5) of the statutes is amended to read:

AB150,1346,3 111.825 (5) Although supervisors are not considered employes for purposes of this subchapter, the commission may consider a petition for a statewide collective bargaining unit of professional supervisors or a statewide unit of nonprofessional supervisors in the classified service, but the representative of supervisors may not be affiliated with any labor organization representing employes. For purposes of this subsection, affiliation does not include membership in a national, state, county or municipal federation of national or international labor organizations. The certified representative of supervisors may not bargain collectively with respect to any matter other than wages and fringe benefits as provided in s. 111.91 (1).

AB150, s. 3825 Section 3825. 111.84 (1) (a) of the statutes is amended to read:

AB150,1346,6 111.84 (1) (a) To interfere with, restrain or coerce state employes in the exercise of their rights guaranteed in s. 111.82.

AB150, s. 3826 Section 3826. 111.84 (1) (b) of the statutes is amended to read:

AB150,1346,24 111.84 (1) (b) Except as otherwise provided in this paragraph, to initiate, create, dominate or interfere with the formation or administration of any labor or employe organization or contribute financial support to it. Except as provided in ss. 40.02 (22) (e) and 40.23 (1) (f) 4., no change in any law affecting the Wisconsin retirement system under ch. 40 and no action by the employer that is authorized by such a law constitutes a violation of this paragraph unless an applicable collective bargaining agreement specifically prohibits the change or action. No such change or action affects the continuing duty to bargain collectively regarding the Wisconsin retirement system under ch. 40 to the extent required by s. 111.91. It is not an unfair labor practice for the employer to reimburse state employes at their an employe at his or her prevailing wage rate for the time spent during the employe's regularly scheduled hours conferring with the employer's officers or agents and for attendance at commission or court hearings necessary for the administration of this subchapter. Professional supervisory or craft personnel may maintain membership in professional or craft organizations; however, as members of such organizations they shall be prohibited from those activities related to collective bargaining in which the organizations may engage.

AB150, s. 3827 Section 3827. 111.84 (1) (e) of the statutes is amended to read:

AB150,1347,5 111.84 (1) (e) To violate any collective bargaining agreement previously agreed upon by the parties with respect to wages, hours and conditions of employment affecting state employes, including an agreement to arbitrate or to accept the terms of an arbitration award, where previously the parties have agreed to accept such award as final and binding upon them.

AB150, s. 3828 Section 3828. 111.85 (4) of the statutes is amended to read:

AB150,1347,10 111.85 (4) The commission may, under rules adopted for that purpose, appoint as its agent an official of the a state department or agency involved or the University of Wisconsin Hospitals and Clinics Authority whose employes are entitled to vote in a referendum to conduct the referenda a referendum provided for herein.

AB150, s. 3829 Section 3829. 111.85 (4) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150,1347,15 111.85 (4) The commission may, under rules adopted for that purpose, appoint as its agent an official of a state agency whose employes are entitled to vote in a referendum to conduct a referendum provided for herein.

AB150, s. 3830 Section 3830. 111.86 of the statutes is renumbered 111.86 (1) and amended to read:

AB150,1347,23 111.86 (1) Parties to the dispute pertaining to the interpretation of a collective bargaining agreement may agree in writing to have the commission or any other appointing state agency or the University of Wisconsin Hospitals and Clinics Authority serve as arbitrator or may designate any other competent, impartial and disinterested persons to so serve. Such arbitration proceedings shall be governed by ch. 788.

****Note: This is reconciled s. 111.86. This Section has been affected by drafts with the following LRB numbers: LRB-1715 and LRB-2017.

AB150, s. 3831 Section 3831. 111.86 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150,1348,7 111.86 (1) Parties to the dispute pertaining to the interpretation of a collective bargaining agreement may agree in writing to have the commission or any other appointing state agency serve as arbitrator or may designate any other competent, impartial and disinterested persons to so serve. Such arbitration proceedings shall be governed by ch. 788.

AB150, s. 3832 Section 3832. 111.86 (2) of the statutes is created to read:

AB150,1348,15 111.86 (2) The department 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 employes of the state department or agency. Each state department or agency so charged shall pay the amount that the department 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. 20.512 (1) (km).

AB150, s. 3833 Section 3833. 111.87 of the statutes is repealed and recreated to read:

AB150,1348,19 111.87 Mediation. (1) No officer or employe of the commission may engage in mediation of any labor dispute or facilitate mediation of a labor dispute by any other person.

AB150,1348,22 (2) The parties to a labor dispute may retain any person other than an officer or employe of the commission to engage in mediation of the dispute. The cost of mediation services shall be divided equally between the parties.

AB150,1349,2 (3) Whenever the parties to a labor dispute retain any person to provide mediation services, each party or the parties jointly shall notify the commission in writing of the name and address of the person so retained as promptly as possible following the retention.

AB150, s. 3834 Section 3834. 111.88 (4) of the statutes is amended to read:

AB150,1349,6 111.88 (4) Nothing herein shall be construed as prohibiting any fact finder who is not employed by the commission from endeavoring to mediate the dispute at any time prior to the issuance of the fact finder's recommendations.

AB150, s. 3835 Section 3835. 111.89 (2) (intro.) of the statutes is amended to read:

AB150,1349,10 111.89 (2) (intro.) The occurrence of a strike and the participation therein by a state an employe do not affect the rights of the employer, in law or in equity, to deal with the strike, including:

AB150, s. 3836 Section 3836. 111.90 (1) of the statutes is amended to read:

AB150,1349,15 111.90 (1) Carry out the statutory mandate and goals assigned to the a state agency utilizing personnel, or the University of Wisconsin Hospitals and Clinics Authority by the most appropriate and efficient methods and means and utilize personnel in the most appropriate and efficient manner possible.

AB150, s. 3837 Section 3837. 111.90 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150,1349,20 111.90 (1) Carry out the statutory mandate and goals assigned to a state agency by the most appropriate and efficient methods and means and utilize personnel in the most appropriate and efficient manner possible.

AB150, s. 3838 Section 3838. 111.90 (2) of the statutes is amended to read:

AB150,1349,25 111.90 (2) Manage the employes of the a state agency or the University of Wisconsin Hospitals and Clinics Authority; hire, promote, transfer, assign or retain employes in positions within the agency or authority; and in that regard establish reasonable work rules.

AB150, s. 3839 Section 3839. 111.90 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150,1350,5 111.90 (2) Manage the employes of a state agency; hire, promote, transfer, assign or retain employes in positions within the agency; and in that regard establish reasonable work rules.

AB150, s. 3840 Section 3840. 111.91 (2) (a) of the statutes is amended to read:

AB150,1350,8 111.91 (2) (a) The mission and goals of state agencies and the University of Wisconsin Hospitals and Clinics Authority as set forth in the statutes.

AB150, s. 3841 Section 3841. 111.91 (2) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150,1350,12 111.91 (2) (a) The mission and goals of state agencies as set forth in the statutes.

AB150, s. 3842 Section 3842. 111.92 (5) of the statutes is amended to read:

AB150,1350,16 111.92 (5) Notwithstanding any other provision of the statutes, all compensation adjustments for state employes shall be effective on the beginning date of the pay period nearest the statutory or administrative date.

AB150, s. 3843 Section 3843. 111.94 (1) of the statutes is amended to read:

AB150,1351,2 111.94 (1) The commission may adopt reasonable and proper rules relative to the exercise of its powers and authority and proper rules to govern its proceedings and to regulate the conduct of all elections and hearings. The commission shall, upon request, provide a transcript of a proceeding to any party to the proceeding for a fee prescribed by the commission at a uniform rate of not less than 60 cents per page. All transcript fees shall be deposited into the general fund, except that fees collected in excess of 60 cents per page for any transcript produced by a reporter who is not employed by the commission shall be deposited under the appropriation in s. 20.425 (1) (g) 20.547 (1) (h).

AB150, s. 3844 Section 3844. 112.07 (1) of the statutes is amended to read:

AB150,1352,5 112.07 (1) Notwithstanding any other provision of the statutes, any fiduciary, as defined in s. 112.01 (1) (b), who is holding securities in a fiduciary capacity, any bank or trust company holding securities as a custodian or managing agent, and any bank or trust company holding securities as custodian for a fiduciary may deposit or arrange for the deposit of such securities in a clearing corporation as defined in s. 408.102 (1) (c). When the securities are so deposited, certificates representing securities of the same class of the same issuer may be merged and held in bulk in the name of the nominee of the clearing corporation with any other such securities deposited in that clearing corporation by any person regardless of the ownership of the securities, and certificates of small denomination may be merged into one or more certificates of larger denomination. The records of the fiduciary and the records of the bank or trust company acting as custodian, as managing agent or as custodian for a fiduciary shall at all times show the name of the party for whose account the securities are so deposited. Ownership of, and other interests in, the securities may be transferred by bookkeeping entry on the books of the clearing corporation without physical delivery of certificates representing the securities. A bank or trust company which deposits securities pursuant to this section shall be subject to such rules and regulations as, in the case of state chartered institutions, the commissioner of banking department of financial institutions and, in the case of national banking associations, the comptroller of the currency may from time to time issue. A bank or trust company acting as custodian for a fiduciary shall, on demand by the fiduciary, certify in writing to the fiduciary the securities deposited by the bank or trust company in a clearing corporation pursuant to this section for the account of the fiduciary. A fiduciary shall, on demand by any party to a judicial proceeding for the settlement of the fiduciary's account or on demand by the attorney for such a party, certify in writing to the party the securities deposited by the fiduciary in the clearing corporation for its account as such fiduciary.

AB150, s. 3845 Section 3845. Chapter 115 (title) of the statutes is amended to read:

AB150,1352,7 CHAPTER 115

AB150,1352,10 STATE SUPERINTENDENT DEPARTMENT OF EDUCATION; GENERAL CLASSIFICATIONS AND DEFINITIONS;

AB150, s. 3846 Section 3846. 115.001 (13m) of the statutes is created to read:

AB150,1352,12 115.001 (13m) Secretary. "Secretary" means the secretary of education.

AB150, s. 3847 Section 3847. Subchapter II (title) of chapter 115 [precedes 115.28] of the statutes is amended to read:

AB150,1352,15 CHAPTER 115

AB150,1352,17 SUBCHAPTER II STATE SUPERINTENDENT DEPARTMENT

AB150,1352,18 OF PUBLIC INSTRUCTION EDUCATION

AB150, s. 3848 Section 3848. 115.28 (7) (a) of the statutes is amended to read:

AB150,1352,25 115.28 (7) (a) License all teachers for the public schools of the state, make rules establishing standards of attainment and procedures for the examination and licensing of teachers within the limits prescribed in ss. 118.19 (2) and (3), 118.192 and 118.195, prescribe by rule standards and procedures for the approval of teacher preparatory programs leading to licensure, file in his or her the secretary's office all papers relating to state teachers' licenses and register each such license.

AB150, s. 3849 Section 3849. 115.28 (7m) of the statutes is amended to read:

AB150,1353,5 115.28 (7m) Certification of school nurses. Certify school nurses, make rules for the examination and certification of school nurses and file in the superintendent's secretary's office all papers relating to school nurses certification and register each such certification.

AB150, s. 3850 Section 3850. 115.28 (20) (a) of the statutes is amended to read:

AB150,1353,9 115.28 (20) (a) Advise the state superintendent secretary on funding criteria and evaluation plans for grant programs for the school district operating under ch. 119.

AB150, s. 3851 Section 3851. 115.28 (20) (b) of the statutes is amended to read:

AB150,1353,12 115.28 (20) (b) Advise the state superintendent secretary on the programs that meet or do not meet the funding criteria.

AB150, s. 3852 Section 3852. 115.28 (20) (c) of the statutes is amended to read:

AB150,1353,15 115.28 (20) (c) Assist the state superintendent secretary in monitoring the progress of funded programs.

AB150, s. 3853 Section 3853. 115.28 (20) (d) of the statutes is amended to read:

AB150,1353,18 115.28 (20) (d) Recommend to the state superintendent secretary needed changes in statutes or rules relating to grant programs.

AB150, s. 3854 Section 3854. 115.28 (20) (e) of the statutes is amended to read:

AB150,1353,21 115.28 (20) (e) Submit to the state superintendent secretary an annual report detailing the council's activities, accomplishments and projected needs.

AB150, s. 3855 Section 3855. 115.28 (24) of the statutes is amended to read:

AB150,1354,5 115.28 (24) Priority in awarding grants. Give priority in awarding grants to local community organizations under sub. (21), and to school boards under s. ss. 115.36, and 115.362 and 118.019 (6) and to cooperative educational service agencies under s. 118.019 (6), and in awarding grants from federal funds received under 20 USC 2301 to 2471, 20 USC 4601 to 4665 and 29 USC 1602 (b) (1), to programs that provide more than one of the educational services specified under sub. (21), s. 115.36, 115.362, 115.915, 118.01 (2) (d) 7. or 8., 118.019 (6) or 118.153 or 20 USC 2301 to 2471, 20 USC 4601 to 4665 or 29 USC 1602 (b) (1).

AB150, s. 3856 Section 3856. 115.28 (27) of the statutes is amended to read:

AB150,1354,10 115.28 (27) Wisconsin geography alliance. Annually allocate the amount in the appropriation under s. 20.255 (1) (3) (ec) to the Wisconsin geography alliance to train teachers and develop curricula for primary and secondary education in geography. This subsection does not apply after June 30, 1996.

AB150, s. 3857 Section 3857. 115.28 (27m) of the statutes is created to read:

AB150,1354,14 115.28 (27m) Wisconsin Institute for School Executives. Beginning in the 1996-97 school year, annually allocate the amount in the appropriation under s. 20.255 (3) (ed) to the Wisconsin Institute for School Executives.

AB150, s. 3858 Section 3858. 115.28 (38) of the statutes is amended to read:

AB150,1355,2 115.28 (38) (title) Reporting of pupils attending vocational schools technical colleges. In consultation with the technical college system board of vocational, technical and adult education, promulgate rules establishing a uniform format for school boards to use in reporting the number of pupils attending vocational, technical and adult education college districts under ss. 118.15 (1) (b), (cm) and (d) and 118.37 118.55 and in reporting pupil participation in technical preparation programs under s. 118.34, including the number of courses taken for advanced standing in a vocational, technical and adult education college district's associate degree program and for vocational, technical and adult education college credit. The format shall be identical to the format established by the technical college system board of vocational, technical and adult education under s. 38.04 (11) (a) 2.

AB150, s. 3859 Section 3859. 115.29 (intro.) of the statutes is amended to read:

AB150,1355,4 115.29 General powers. (intro.) The state superintendent secretary may:

AB150, s. 3860 Section 3860. 115.29 (1) of the statutes is amended to read:

AB150,1355,10 115.29 (1) Designate representative. Designate the deputy state superintendent secretary or another employe of the department as the state superintendent's secretary's representative on any body on which the state superintendent secretary is required to serve, except the board of regents of the university of Wisconsin system.

AB150, s. 3861 Section 3861. 115.29 (2) of the statutes is amended to read:

AB150,1355,15 115.29 (2) Educational meetings. Attend such educational meetings and make such investigations as the state superintendent secretary deems important and as will acquaint the state superintendent secretary with the different systems of public schools in the United States.

AB150, s. 3862 Section 3862. 115.29 (3) of the statutes is amended to read:

AB150,1355,24 115.29 (3) Auxiliary instructional employes. By order, establish classes of auxiliary instructional employes and authorize their employment in the instructional program of the elementary and high schools for specific purposes and their reimbursement from the instructional budget. Auxiliary instructional employes shall not be covered as teachers as defined in s. 40.02 (55) or under ss. s. 118.21 to 118.23, 118.215, 118.22 or 121.006 (2) but shall be eligible under the public employe trust fund as participating employes as defined in s. 40.02 (46), if it is made applicable, other than through s. 40.21 (3), to the school district employing them.

AB150, s. 3863 Section 3863. 115.29 (4) of the statutes is amended to read:

AB150,1356,13 115.29 (4) High school graduation equivalency. Grant declarations of equivalency of high school graduation to persons, if in the state superintendent's secretary's judgment they have presented satisfactory evidence of having completed a recognized high school course of study or its equivalent. The state superintendent secretary may establish the standards by which high school graduation equivalency is determined. Such standards may consist of evidence of high school courses completed in high schools recognized by the proper authorities as accredited, results of examinations given by or at the request of the state superintendent secretary, successful completion of correspondence study courses given by acceptable correspondence study schools, a general educational development certificate of high school equivalency issued by an agency of the U.S. government, course credits received in schools meeting the approval of the state superintendent secretary or other standards established by the state superintendent secretary.