SB40: Bill Text

SB40,1273,11 (a) The right to impose discipline, including discharge, or suspension without pay, of any employee participating in the strike.

SB40,1273,13 (b) The right to cancel the reinstatement eligibility of any employee engaging in the strike.

SB40,1273,16 (c) The right of the employer to request the imposition of fines, either against the labor organization or the employee engaging in the strike, or to sue for damages because of such strike activity.

SB40,1273,18 111.997 Management rights. Nothing in this subchapter shall interfere with the right of the board, in accordance with this subchapter to do any of the following:

SB40,1273,21 (1) Carry out the statutory mandate and goals assigned to the board by the most appropriate and efficient methods and means and utilize personnel in the most appropriate and efficient manner possible.

SB40,1273,23 (2) Manage the employees; hire, promote, transfer, assign, or retain employees; and, in that regard, establish reasonable work rules.

SB40,1274,2 (3) Suspend, demote, discharge, or take other appropriate disciplinary action against the employee; or to lay off employees in the event of lack of work or funds or under conditions where continuation of such work would be inefficient and nonproductive.

SB40,1274,5 111.998 Subjects of bargaining. (1) (a) Except as provided in pars. (b) to (f), matters subject to collective bargaining to the point of impasse are salaries; fringe benefits consistent with sub. (2); and hours and conditions of employment.

SB40,1274,9 (b) The board is not required to bargain on management rights under s. 111.997, except that procedures for the adjustment or settlement of grievances or disputes arising out of any type of disciplinary action in s. 111.997 (3) is a subject of bargaining.

SB40,1274,10 (c) The board is prohibited from bargaining on matters contained in sub. (2).

SB40,1274,16 (d) Except as provided in sub. (2) (d) and (e) and ss. 40.02 (22) (e) and 40.23 (1) (f) 4., all laws governing the Wisconsin Retirement System under ch. 40 and all actions of the board that are authorized under any such law which apply to nonrepresented individuals employed by the state shall apply to similarly situated employees, unless otherwise specifically provided in a collective bargaining agreement that applies to those employees.

SB40,1274,18 (e) Demands relating to retirement and group insurance shall be submitted to the board at least one year prior to commencement of negotiations.

SB40,1274,20 (f) The board is not required to bargain on matters related to employee occupancy of houses or other lodging provided by the state.

SB40,1274,21 (2) The board is prohibited from bargaining on:

SB40,1274,25 (a) The mission and goals of the board as set forth in the statutes; the diminution of the right of tenure provided the faculty under s. 36.13, the rights granted faculty under s. 36.09 (4) and academic staff under s. 36.09 (4m), or the rights of appointment provided academic staff under s. 36.15; or academic freedom.

SB40,1275,1 (b) Amendments to this subchapter.

SB40,1275,5 (c) Family leave and medical leave rights below the minimum afforded under s. 103.10. Nothing in this paragraph prohibits the board from bargaining on rights to family leave or medical leave which are more generous to the employee than the rights provided under s. 103.10.

SB40,1275,7 (d) An increase in benefit adjustment contribution rates under s. 40.05 (2n) (a) 3.

SB40,1275,9 (e) The rights of employees to have retirement benefits computed under s. 40.30.

SB40,1275,11 (f) Honesty testing requirements that provide fewer rights and remedies to employees than are provided under s. 111.37.

SB40,1275,12 (h) Creditable service to which s. 40.285 (2) (b) 4. applies.

SB40,1275,14 (i) Compliance with the health benefit plan requirements under ss. 632.746 (1) to (8) and (10), 632.747, and 632.748.

SB40,1275,15 (j) Compliance with the insurance requirements under s. 631.95.

SB40,1275,16 (k) The definition of earnings under s. 40.02 (22).

SB40,1275,17 (L) The maximum benefit limitations under s. 40.31

SB40,1275,18 (m) The limitations on contributions under s. 40.32.

SB40,1275,20 (n) The provision to employees of the health insurance coverage required under s. 632.895 (11) to (14).

SB40,1275,22 (o) The requirements related to coverage of and prior authorization for treatment of an emergency medical condition under s. 632.85.

SB40,1275,23 (p) The requirements related to coverage of drugs and devices under s. 632.853.

SB40,1275,24 (q) The requirements related to experimental treatment under s. 632.855.

SB40,1276,2 (r) The requirements under s. 609.10 related to offering a point-of-service option plan.

SB40,1276,5 (s) The requirements related to internal grievance procedures under s. 632.83 and independent review of certain health benefit plan determinations under s. 632.835.

SB40,1276,11 111.999 Labor proposals. The board 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.

SB40,1277,8 111.9991 Agreements. (1) Any tentative agreement reached between the board, acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.98 shall, after official ratification by the labor organization, be submitted by the board 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 that 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.

SB40,1277,9 (2) No portion of any tentative agreement shall become effective separately.

SB40,1277,10 (3) Agreements shall coincide with the fiscal year or biennium.

SB40,1277,12 (4) The negotiation of collective bargaining agreements and their approval by the parties should coincide with the overall fiscal planning and processes of the state.

SB40,1277,14 (5) All compensation adjustments for employees shall be effective on the beginning date of the pay period nearest the statutory or administrative date.

SB40,1277,19 111.9992 Status of existing benefits and rights. Unless a prohibited subject of bargaining under s. 111.998 (2), and except as provided in ss. 7.33 (4), 40.05, 40.80 (3), 111.998 (1) (d), and 230.35 (2d) and (3) (e) 6., all statutes and rules governing the salaries, fringe benefits, hours, and conditions of employment apply to each employee, unless otherwise provided in a collective bargaining agreement.

SB40,1278,2 111.9993 Rules, transcripts, fees. (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 under this subchapter. The commission shall, upon request, provide a transcript of a proceeding to any party to the proceeding for a fee, established by rule, by the commission at a uniform rate per page. All transcript fees shall be credited to the appropriation account under s. 20.425 (1) (i).

SB40,1279,2 (2) The commission shall assess and collect a filing fee for filing a complaint alleging that an unfair labor practice has been committed under s. 111.991. The commission shall assess and collect a filing fee for filing a request that the commission act as an arbitrator to resolve a dispute involving the interpretation or application of a collective bargaining agreement under s. 111.993. The commission shall assess and collect a filing fee for filing a request that the commission initiate fact-finding under s. 111.995. The commission shall assess and collect a filing fee for filing a request that the commission act as a mediator under s. 111.994. For the performance of commission actions under ss. 111.993, 111.994, and 111.995, the commission shall require that the parties to the dispute equally share in the payment of the fee and, for the performance of commission actions involving a complaint alleging that an unfair labor practice has been committed under s. 111.991, the commission shall require that the party filing the complaint pay the entire fee. If any party has paid a filing fee requesting the commission to act as a mediator for a labor dispute and the parties do not enter into a voluntary settlement of the labor dispute, the commission may not subsequently assess or collect a filing fee to initiate fact-finding to resolve the same labor dispute. If any request concerns issues arising as a result of more than one unrelated event or occurrence, each such separate event or occurrence shall be treated as a separate request. The commission shall promulgate rules establishing a schedule of filing fees to be paid under this subsection. Fees required to be paid under this subsection shall be paid at the time of filing the complaint or the request for fact-finding, mediation, or arbitration. A complaint or request for fact-finding, mediation, or arbitration is not filed until the date such fee or fees are paid. Fees collected under this subsection shall be credited to the appropriation account under s. 20.425 (1) (i).

SB40, s. 2682 Section 2682. 114.33 (10) of the statutes is amended to read:

SB40,1279,18 114.33 (10) Subject to the approval of the governor under this subsection, the secretary may sell at public or private sale property of whatever nature owned by the state and under the jurisdiction of the secretary when the secretary determines that the property is no longer necessary for the state's use for airport purposes and, if real property, the real property is not the subject of a petition under s. 560.9810. The secretary shall present to the governor a full and complete report of the property to be sold, the reason for the sale, and the minimum price for which the property should be sold, together with an application for the governor's approval of the sale. The governor shall investigate the proposed sale as he or she deems necessary and approve or disapprove the application. Upon approval and receipt of the full purchase price, the secretary shall by appropriate deed or other instrument transfer the property to the purchaser. The funds derived from the sale shall be deposited in the appropriate airport fund, and the expense incurred by the secretary in connection with the sale shall be paid from that fund. This subsection does not apply to real property that is sold under s. 16.848.

SB40, s. 2683 Section 2683. 115.28 (23) (d) of the statutes is amended to read:

SB40,1279,21 115.28 (23) (d) The minority group pupil precollege scholarship program under s. 115.43.

SB40, s. 2684 Section 2684. 115.28 (46) of the statutes is created to read:

SB40,1280,2 115.28 (46) Grants for science, technology, engineering, and mathematics programs. From the appropriation under s. 20.255 (2) (fz), award grants to school districts to develop innovative instructional programs in science, technology, engineering and mathematics; support pupils who are typically under-represented in these subjects; and increase the academic achievement of pupils in those subjects.

SB40, s. 2685 Section 2685. 115.315 of the statutes is amended to read:

SB40,1280,13 115.315 Memorandum of understanding; license restriction and suspension. As provided in the memorandum of understanding under s. 49.857, the department shall restrict or suspend a license or permit granted by the department if the licensee or permit holder is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or if the licensee or permit holder fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings.

SB40, s. 2686 Section 2686. 115.341 (1) of the statutes is amended to read:

SB40,1280,20 115.341 (1) From the appropriation under s. 20.255 (2) (cm), the state superintendent shall reimburse each school board 10 15 cents for each breakfast served at a school that meets the requirements of 7 CFR 220.8 or 220.8a, whichever is applicable, and shall reimburse each governing body of a private school 10 15 cents for each breakfast served at the private school that meets the requirements of 7 CFR 220.8 or 220.8a, whichever is applicable.

SB40, s. 2687 Section 2687. 115.347 (1) of the statutes is amended to read:

SB40,1281,2 115.347 (1) Beginning in the 1994-95 school year, a school board may submit enrollment data to the department of workforce development children and families for the purpose of directly certifying children as eligible for free or reduced-price meals under the federal school nutrition programs. The department of workforce development children and families shall prescribe a format for the report.

SB40, s. 2688 Section 2688. 115.347 (2) of the statutes is amended to read:

SB40,1281,14 115.347 (2) Whenever a school district that is located in whole or in part in a county that has converted to the client assistance for reemployment and economic support data system submits a report under sub. (1) in the prescribed format, the department of workforce development children and families shall determine which children enrolled in the school district are members of Wisconsin works Works groups participating under s. 49.147 (3) to (5) or of families receiving aid to families with dependent children or food stamps and shall provide the information to the school board as soon thereafter as possible. The school board shall use the information to directly certify children as eligible for free or reduced-price meals served by the school district under federal school nutrition programs, pursuant to 42 USC 1758 (b) (2) (C) (ii) and (iii).

SB40, s. 2689 Section 2689. 115.347 (3) of the statutes is amended to read:

SB40,1281,18 115.347 (3) The state superintendent shall assist school boards in developing a method for submitting enrollment data to the department of workforce development children and families under sub. (1).

SB40, s. 2690 Section 2690. 115.365 (2) (intro.) of the statutes is amended to read:

SB40,1281,21 115.365 (2) (intro.) The department, in conjunction with the department of health and family services and the department of children and families, shall:

SB40, s. 2691 Section 2691. 115.368 (2) (intro.) of the statutes is amended to read:

SB40,1282,2 115.368 (2) (intro.) The department, in conjunction with the department of health and family services and the department of children and families, and after consulting with established organizations providing services with a focus on children of risk, shall:

SB40, s. 2692 Section 2692. 115.395 of the statutes is created to read:

SB40,1282,6 115.395 Grants for improving pupil academic achievement. (1) In this section, "board" means the board of school directors in charge of the school district operating under ch. 119.

SB40,1282,18 (2) The board may apply to the department of administration for a grant of up to $5,000,000 in the 2007-08 school year and up to $10,000,000 in any school year thereafter to implement initiatives to improve pupil academic achievement in all grades, such as employing licensed teachers to tutor pupils who are struggling academically, or employing persons to coordinate the district's instructional programs and provide ongoing professional development for teachers. The board shall submit with its application a plan for the department of administration's approval describing the initiatives for which the grant will be used, describing the research showing that the initiatives have a positive effect on pupil academic achievement, and including criteria for evaluating the effectiveness of the initiatives, such as high school graduation rates or the results of the statewide pupil assessments under ch. 118.30.

SB40,1282,22 (3) The department of administration may approve the plan submitted under sub. (2) in whole or in part. If the department approves a plan in part, the board may submit an additional plan for the same school year and the department may award the board all or part of the balance of grant funds.

SB40,1283,2 (4) Upon receipt of a notice from the department of administration that a plan has been approved under sub. (3), the state superintendent shall pay to the board, from the appropriation under s. 20.255 (2) (df), the amount specified by the department of administration.

SB40, s. 2693 Section 2693. 115.42 (title) of the statutes is amended to read:

SB40,1283,5 115.42 (title) National Grants for national teacher certification or master educator licensure.

SB40, s. 2694 Section 2694. 115.42 (1) (a) 1. of the statutes is amended to read:

SB40,1283,9 115.42 (1) (a) 1. The person is certified by the National Board for Professional Teaching Standards or licensed by the department as a master educator under s. PI 34.19, Wis. Adm. Code.

SB40, s. 2695 Section 2695. 115.42 (1) (a) 2. of the statutes is amended to read:

SB40,1283,14 115.42 (1) (a) 2. The person is licensed as a teacher by the state superintendent, or employed as a teacher in a private school located in this state in a position that would require a license issued by the state superintendent if the position were in a public school.

SB40, s. 2696 Section 2696. 115.42 (1) (a) 4. of the statutes is amended to read:

SB40,1283,18 115.42 (1) (a) 4. The person is employed as a teacher in this state in a position that requires a license issued by the state superintendent or that would require such a license if the position were in a public school.

SB40, s. 2697 Section 2697. 115.42 (1) (b) of the statutes is amended to read:

SB40,1283,24 115.42 (1) (b) The grant under this subsection shall be an amount equal to the costs of obtaining certification or licensure under par. (a) 1. that are borne by the person, not to exceed $2,000. The department shall award the grant under this subsection in the first school year in which the person meets the requirements under par. (a).

SB40, s. 2698 Section 2698. 115.42 (2) (a) (intro.) of the statutes is amended to read:

SB40,1284,3 115.42 (2) (a) (intro.) The Except as provided in par. (c), the department shall award 9 grants of $2,500 each to each person who received a grant under sub. (1) if the person satisfies all of the following requirements:

SB40, s. 2699 Section 2699. 115.42 (2) (a) 1. of the statutes is amended to read:

SB40,1284,7 115.42 (2) (a) 1. The person maintains his or her certification by the National Board for Professional Teaching Standards national teacher certificate or master educator license.

SB40, s. 2700 Section 2700. 115.42 (2) (a) 2. of the statutes is amended to read:

SB40,1284,11 115.42 (2) (a) 2. The person maintains his or her license as a teacher issued by the state superintendent or remains employed in a private school located in this state.

SB40, s. 2701 Section 2701. 115.42 (2) (a) 4. of the statutes is amended to read:

SB40,1284,15 115.42 (2) (a) 4. The person remains employed as a teacher in this state in a position that requires a license issued by the state superintendent or that would require a license if the position were in a public school.

SB40, s. 2702 Section 2702. 115.42 (2) (c) of the statutes is created to read:

SB40,1284,20 115.42 (2) (c) The amount of each grant under par. (a) shall be $5,000 in any school year in which the recipient is employed in a school in which at least 60 percent of the pupils enrolled are eligible for a free or reduced-price lunch under 42 USC 1758 (6).

SB40, s. 2703 Section 2703. 115.42 (3) of the statutes is amended to read:

SB40,1285,2 115.42 (3) The department may not require, as a condition for renewing a person's teaching license, that the person have earned continuing professional education credits or their equivalent in the 5 years immediately preceding his or her application for license renewal if he or she has been initially certified by the National Board for Professional Teaching Standards during those 5 years.

SB40, s. 2704 Section 2704. 115.42 (4) (c) of the statutes is amended to read: