AB40: Bill Text

AB40,950,22 106.30 (2) Survey form. Each odd-numbered year, the department of workforce development shall develop and submit to the department of regulation and licensing safety and professional services a survey form to gather data under s. 441.01 (7) (a) 1. to assist the department of workforce development in evaluating the supply of, demand for, and turnover among nurses in this state and in determining whether there are any regional shortages of nurses, shortages of nurses in any speciality areas, or impediments to entering the nursing profession in this state.

AB40, s. 2396 Section 2396. 106.30 (5) (a) of the statutes is amended to read:

AB40,951,8 106.30 (5) (a) From the appropriation account under s. 20.445 (1) (km), the department of workforce development shall award grants equal to the amount appropriated under s. 20.445 (1) (km) minus the amount expended under sub. (4) to a nonprofit statewide nursing center that is comprised of and led by nurses and that has demonstrated coordination with constituent groups within the nursing community, including professional nursing organizations; organizations representing nurse educators, staff nurses, and nurse managers or executives; labor organizations representing nurses; the department of regulation and licensing safety and professional services; the department of health services; and legislators who are concerned with issues affecting the nursing profession.

AB40, s. 2397 Section 2397. 106.30 (5) (b) of the statutes is amended to read:

AB40,951,24 106.30 (5) (b) A statewide nursing center that receives a grant under par. (a) shall use the grant moneys to develop strategies to ensure that there is a nursing workforce that is adequate to meet the current and future health care needs of this state. The statewide nursing center may use those moneys to fund activities that are aimed at ensuring such a nursing workforce, including monitoring trends in the applicant pool for nursing education programs; evaluating the effectiveness of nursing education programs in increasing access to those programs and in enhancing career mobility for nurses, especially for populations that are underrepresented in the nursing profession; and facilitating partnerships between the nursing community and other health care providers, the department of regulation and licensing safety and professional services, the business community, the legislature, and educators to promote diversity within the nursing profession, enhance career mobility and leadership development for nurses, and achieve consensus regarding policies aimed at ensuring an adequate nursing workforce in this state.

AB40, s. 2398 Section 2398. 106.50 (6) (a) 3. of the statutes is amended to read:

AB40,952,5 106.50 (6) (a) 3. The complaint may be filed by an aggrieved person, by an interested person, by the department of workforce development under par. (b) or, if the complaint charges a violation of sub. (2r) (c), by the department of commerce safety and professional services. The department of workforce development shall, upon request, provide appropriate assistance in completing and filing complaints.

AB40, s. 2399 Section 2399. 106.50 (6) (b) of the statutes is amended to read:

AB40,952,19 106.50 (6) (b) Powers and duties of department. The department of workforce development and its duly authorized agents may hold hearings, subpoena witnesses, take testimony and make investigations as provided in this subsection. The department of workforce development may test and investigate for the purpose of establishing violations of sub. (2), (2m) or (2r) and may make, sign and file complaints alleging violations of sub. (2), (2m) or (2r). In addition, the department of commerce safety and professional services may make, sign and file complaints alleging violations of sub. (2r) (c). The department of workforce development shall employ examiners to hear and decide complaints of discrimination under this section, and to assist in the administration of this section. The examiners may make findings and issue orders under this subsection. The department of workforce development shall develop and implement an investigation manual for use in conducting investigations under par. (c).

AB40, s. 2400 Section 2400. 107.30 (4) of the statutes is amended to read:

AB40,952,22 107.30 (4) "Department" means the department of commerce safety and professional services.

AB40, s. 2401 Section 2401. 107.30 (10) of the statutes is amended to read:

AB40,952,25 107.30 (10) "Mining damage appropriation" means the appropriation under s. 20.143 (3) 20.165 (2) (a).

AB40, s. 2402 Section 2402. 107.31 (5) (a) (intro.) of the statutes is amended to read:

AB40,953,5 107.31 (5) (a) Calculation. (intro.) The mining damage reserve accumulation is calculated by subtracting the total amount of all mining damages awards paid from the appropriation under s. 20.445 (4) (a), 2001 stats., beginning on May 22, 1980 or paid from the appropriation under s. 20.143 (3) 20.165 (2) (a) from the sum of:

AB40, s. 2403 Section 2403. 108.02 (21e) (intro.) of the statutes is amended to read:

AB40,953,14 108.02 (21e) Professional employer organization. (intro.) "Professional employer organization" means any person who is currently registered as a professional employer organization with the department of regulation and licensing safety and professional services in accordance with ch. 461, who contracts to provide the nontemporary, ongoing employee workforce of more than one client under a written leasing contract, the majority of whose clients are not under the same ownership, management, or control as the person other than through the terms of the contract, and who under contract and in fact:

AB40, s. 2404 Section 2404. 109.07 (1m) (b) of the statutes is amended to read:

AB40,953,21 109.07 (1m) (b) The department shall promptly provide a copy of the notice required under par. (a) to the department of commerce and to the office of the commissioner of insurance and shall cooperate with the department of commerce in the performance of its responsibilities under s. 560.15 and with the office of the commissioner of insurance in the performance of its responsibilities under s. 601.41 (7).

AB40, s. 2405 Section 2405. 111.70 (1) (a) of the statutes is amended to read:

AB40,954,22 111.70 (1) (a) "Collective bargaining" means the performance of the mutual obligation of a municipal employer, through its officers and agents, and the representative of its municipal employees in a collective bargaining unit, to meet and confer at reasonable times, in good faith, with the intention of reaching an agreement, or to resolve questions arising under such an agreement, with respect to wages, hours, and conditions of employment, and with respect to a requirement of the municipal employer for a municipal employee to perform law enforcement and fire fighting services under s. 60.553, 61.66, or 62.13 (2e) and for a school district with respect to any matter under sub. (4) (n) and (o), and for a school district with respect to any matter under sub. (4) (n), except as provided in subs. (3m), (3p), and (4) (m) and (mc) and s. 40.81 (3) and except that a municipal employer shall not meet and confer with respect to any proposal to diminish or abridge the rights guaranteed to municipal employees under ch. 164. The duty to bargain, however, does not compel either party to agree to a proposal or require the making of a concession. Collective bargaining includes the reduction of any agreement reached to a written and signed document. The municipal employer shall not be required to bargain on subjects reserved to management and direction of the governmental unit except insofar as the manner of exercise of such functions affects the wages, hours, and conditions of employment of the municipal employees in a collective bargaining unit. In creating this subchapter the legislature recognizes that the municipal employer must exercise its powers and responsibilities to act for the government and good order of the jurisdiction which it serves, its commercial benefit and the health, safety, and welfare of the public to assure orderly operations and functions within its jurisdiction, subject to those rights secured to municipal employees by the constitutions of this state and of the United States and by this subchapter.

AB40, s. 2406 Section 2406 . 111.70 (1) (a) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40,955,24 111.70 (1) (a) "Collective bargaining" means the performance of the mutual obligation of a municipal employer, through its officers and agents, and the representative of its municipal employees in a collective bargaining unit, to meet and confer at reasonable times, in good faith, with the intention of reaching an agreement, or to resolve questions arising under such an agreement, with respect to wages, hours, and conditions of employment, and with respect to a requirement of the municipal employer for a municipal employee to perform law enforcement and fire fighting services under s. 60.553, 61.66, or 62.13 (2e) and for a school district with respect to any matter under sub. (4) (n) and (o), except as provided in subs. (3m), (3p), and (4) (m) and (mc) and s. 40.81 (3) and except that a municipal employer shall not meet and confer with respect to any proposal to diminish or abridge the rights guaranteed to municipal employees under ch. 164. The duty to bargain, however, does not compel either party to agree to a proposal or require the making of a concession. Collective bargaining includes the reduction of any agreement reached to a written and signed document. The municipal employer shall not be required to bargain on subjects reserved to management and direction of the governmental unit except insofar as the manner of exercise of such functions affects the wages, hours, and conditions of employment of the municipal employees in a collective bargaining unit. In creating this subchapter the legislature recognizes that the municipal employer must exercise its powers and responsibilities to act for the government and good order of the jurisdiction which it serves, its commercial benefit and the health, safety, and welfare of the public to assure orderly operations and functions within its jurisdiction, subject to those rights secured to municipal employees by the constitutions of this state and of the United States and by this subchapter.

AB40, s. 2407 Section 2407. 111.70 (3m) of the statutes is repealed.

AB40, s. 2408 Section 2408. 111.70 (4) (d) 2. a. of the statutes is amended to read:

AB40,957,4 111.70 (4) (d) 2. a. The commission shall determine the appropriate collective bargaining unit for the purpose of collective bargaining and shall whenever possible, unless otherwise required under this subchapter, avoid fragmentation by maintaining as few collective bargaining units as practicable in keeping with the size of the total municipal workforce. In making such a determination, the commission may decide whether, in a particular case, the municipal employees in the same or several departments, divisions, institutions, crafts, professions, or other occupational groupings constitute a collective bargaining unit. Before making its determination, the commission may provide an opportunity for the municipal employees concerned to determine, by secret ballot, whether they desire to be established as a separate collective bargaining unit. The commission shall not decide, however, that any group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both professional employees and nonprofessional employees, unless a majority of the professional employees vote for inclusion in the unit. The commission shall not decide that any group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both craft employees and noncraft employees unless a majority of the craft employees vote for inclusion in the unit. The commission shall place the professional employees who are assigned to perform any services at a charter school, as defined in s. 115.001 (1), in a separate collective bargaining unit from a unit that includes any other professional employees whenever at least 30% of those professional employees request an election to be held to determine that issue and a majority of the professional employees at the charter school who cast votes in the election decide to be represented in a separate collective bargaining unit. Upon the expiration of any collective bargaining agreement in force, the commission shall combine into a single collective bargaining unit 2 or more collective bargaining units consisting of school district employees if a majority of the employees voting in each collective bargaining unit vote to combine. Any vote taken under this subsection shall be by secret ballot.

AB40, s. 2409 Section 2409. 111.70 (4) (m) 5. of the statutes is created to read:

AB40,957,7 111.70 (4) (m) 5. The prohibition in s. 118.205 against requiring teachers employed by a school board to reside within the school district.

AB40, s. 2410 Section 2410. 111.81 (7) (f) of the statutes is amended to read:

AB40,957,11 111.81 (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) (b) 1. e.

AB40, s. 2411 Section 2411. 111.81 (7) (h) of the statutes is created to read:

AB40,957,18 111.81 (7) (h) Staff appointed by the Board of Trustees of the University of Wisconsin-Madison except faculty, academic staff, limited term employees, sessional employees, project employees, supervisors, management, persons who are privy to confidential matters affecting the employer-employee relationship, persons whose employment is a necessary part of their training, student assistants, and student hourly help.

AB40, s. 2412 Section 2412. 111.81 (8) of the statutes is amended to read:

AB40,957,21 111.81 (8) "Employer" means the state of Wisconsin , or, with respect to the employees under sub. (7) (h), the University of Wisconsin-Madison.

AB40, s. 2413 Section 2413. 111.81 (15m) of the statutes is amended to read:

AB40,958,8 111.81 (15m) "Program assistant" or "project assistant" means a graduate student enrolled in the University of Wisconsin System or at the University of Wisconsin-Madison who is assigned to conduct research, training, administrative responsibilities or other academic or academic support projects or programs, except regular preparation of instructional materials for courses or manual or clerical assignments, under the supervision of a member of the faculty or academic staff, as defined in s. 36.05 (1) or (8) or 37.01 (5), primarily for the benefit of the university, faculty or academic staff supervisor or a granting agency. "Project assistant" or "program assistant" does not include a graduate student who does work which is primarily for the benefit of the student's own learning and research and which is independent or self-directed.

AB40, s. 2414 Section 2414. 111.81 (17m) of the statutes is amended to read:

AB40,958,17 111.81 (17m) "Research assistant" means a graduate student enrolled in the University of Wisconsin System or at the University of Wisconsin-Madison who is receiving a stipend to conduct research that is primarily for the benefit of the student's own learning and research and which is independent or self-directed, but does not include students provided fellowships, scholarships, or traineeships which are distributed through other titles such as advanced opportunity fellow, fellow, scholar, or trainee, and does not include students with either an F-1 or a J-1 visa issued by the federal department of state.

AB40, s. 2415 Section 2415. 111.81 (19m) of the statutes is amended to read:

AB40,958,23 111.81 (19m) "Teaching assistant" means a graduate student enrolled in the University of Wisconsin System or at the University of Wisconsin-Madison who is regularly assigned teaching and related responsibilities, other than manual or clerical responsibilities, under the supervision of a member of the faculty as defined in s. 36.05 (8) or 37.01 (5).

AB40, s. 2416 Section 2416. 111.815 (1) of the statutes is amended to read:

AB40,960,4 111.815 (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 shall negotiate and administer collective bargaining agreements except that the department of health services, subject to the approval of the federal centers for medicare and medicaid services to use collective bargaining as the method of setting rates for reimbursement of home care providers, shall negotiate and administer collective bargaining agreements entered into with the collective bargaining unit specified in s. 111.825 (2g). To coordinate the employer position in the negotiation of agreements, the office, or the department of health services with regard to collective bargaining agreements entered into with the collective bargaining unit specified in s. 111.825 (2g), 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 (1g), (1m), (2) (f), and (2g), the office 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 that require legislative action. With respect to the collective bargaining units specified in s. 111.825 (1g), the University of Wisconsin-Madison is responsible for the employer functions under this subchapter. With respect to the collective bargaining units specified in s. 111.825 (1m), the University of Wisconsin Hospitals and Clinics Board is responsible for the employer functions under this subchapter. With respect to the collective bargaining unit specified in s. 111.825 (2) (f), the governing board of the charter school established by contract under s. 118.40 (2r) (cm) (b) 1. e. is responsible for the employer functions under this subchapter. With respect to the collective bargaining unit specified in s. 111.825 (2g), the department of health services is responsible for the employer functions of the executive branch under this subchapter.

AB40, s. 2417 Section 2417. 111.815 (2) of the statutes is amended to read:

AB40,960,12 111.815 (2) In the furtherance of the policy under s. 111.80 (4), the director of the office 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 (1g), (1m), (2) (f), and (2g). The director of the office shall establish and maintain, wherever practicable, consistent employment relations policies and practices throughout the state service.

AB40, s. 2418 Section 2418. 111.825 (1g) of the statutes is created to read:

AB40,960,16 111.825 (1g) Collective bargaining units at the University of Wisconsin-Madison are structured with one or more collective bargaining units for each of the following groups:

AB40,960,18 (a) Program assistants; project assistants; and teaching assistants of the University of Wisconsin-Madison.

AB40,960,19 (b) Research assistants of the University of Wisconsin-Madison.

AB40,960,20 (c) Employees under s. 111.81 (7) (h) who are not included under par. (a) or (b).

AB40, s. 2419 Section 2419. 111.825 (2) (a) of the statutes is amended to read:

AB40,960,23 111.825 (2) (a) The program, project and teaching assistants of the University of Wisconsin-Madison and the University of Wisconsin-Extension.

AB40, s. 2420 Section 2420. 111.825 (2) (f) of the statutes is amended to read:

AB40,961,3 111.825 (2) (f) Instructional staff employed by the board of regents of the University of Wisconsin System who provide services for a charter school established by contract under s. 118.40 (2r) (cm) (b) 1. e.

AB40, s. 2421 Section 2421. 111.825 (2) (g) of the statutes is amended to read:

AB40,961,6 111.825 (2) (g) Research assistants of the University of Wisconsin-Madison and University of Wisconsin-Extension.

AB40, s. 2422 Section 2422. 111.825 (3) of the statutes is amended to read:

AB40,961,9 111.825 (3) The commission shall assign employees to the appropriate collective bargaining units set forth in subs. (1), (1g), (1m), (2), and (2g).

AB40, s. 2423 Section 2423. 111.825 (4) of the statutes is amended to read:

AB40,961,18 111.825 (4) Any labor organization may petition for recognition as the exclusive representative of a collective bargaining unit specified in sub. (1), (1g), (1m), (2), or (2g) in accordance with the election procedures set forth in s. 111.83, provided the petition is accompanied by a 30% showing of interest in the form of signed authorization cards. Each additional labor organization seeking to appear on the ballot shall file petitions within 60 days of the date of filing of the original petition and prove, through signed authorization cards, that at least 10% of the employees in the collective bargaining unit want it to be their representative.

AB40, s. 2424 Section 2424. 111.84 (2) (c) of the statutes is amended to read:

AB40,962,2 111.84 (2) (c) To refuse to bargain collectively on matters set forth in s. 111.91 (1) with the duly authorized officer or agent of the employer which is the recognized or certified exclusive collective bargaining representative of employees specified in s. 111.81 (7) (a) in an appropriate collective bargaining unit or with the certified exclusive collective bargaining representative of employees specified in s. 111.81 (7) (b) to (g) (h) in an appropriate collective bargaining unit. Such refusal to bargain shall include, but not be limited to, the refusal to execute a collective bargaining agreement previously orally agreed upon.

AB40, s. 2425 Section 2425. 111.91 (2) (n) of the statutes is amended to read:

AB40,962,5 111.91 (2) (n) The provision to employees of the health insurance coverage required under s. 632.895 (11) to (14), (16), and (16m) and (17).

AB40, s. 2426 Section 2426. 111.915 of the statutes is amended to read:

AB40,962,13 111.915 Labor proposals. The Except with respect to a collective bargaining unit specified in s. 111.825 (1g), the director of the office 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.

AB40, s. 2427 Section 2427. 111.92 (1) (am) of the statutes is created to read:

AB40,962,18 111.92 (1) (am) Any tentative agreement reached between the University of Wisconsin-Madison, acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.825 (1g) shall, after official ratification by the labor organization, be executed by the parties.

AB40, s. 2428 Section 2428. 111.92 (1) (c) of the statutes is amended to read:

AB40,962,25 111.92 (1) (c) Any tentative agreement reached between the governing board of the a charter school established by contract under s. 118.40 (2r) (cm) (b) 1. e., acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.825 (2) (f) shall, after official ratification by the labor organization and approval by the chancellor of the University of Wisconsin-Parkside, be executed by the parties.

AB40, s. 2429 Section 2429. 111.93 (2) of the statutes is amended to read:

AB40,963,7 111.93 (2) All civil service and other applicable statutes concerning wages, fringe benefits, hours and conditions of employment apply to employees specified in s. 111.81 (7) (a) who are not included in collective bargaining units for which a representative is recognized or certified and to employees specified in s. 111.81 (7) (b) to (f) and (h) who are not included in a collective bargaining unit for which a representative is certified.

AB40, s. 2430 Section 2430. 111.93 (3) of the statutes is amended to read:

AB40,963,18 111.93 (3) Except as provided in ss. 7.33 (4), 40.05, 40.80 (3), 111.91 (1) (cm), 230.35 (2d) and (3) (e) 6., and 230.88 (2) (b), if a collective bargaining agreement exists between the employer and a labor organization representing employees in a collective bargaining unit, the provisions of that agreement shall supersede the provisions of civil service and other applicable statutes, as well as rules and policies of the board of regents Board of Regents of the University of Wisconsin System and rules and policies of the Board of Trustees of the University of Wisconsin-Madison, related to wages, fringe benefits, hours, and conditions of employment whether or not the matters contained in those statutes, rules, and policies are set forth in the collective bargaining agreement.

AB40, s. 2431 Section 2431. 111.935 (2) of the statutes is amended to read:

AB40,964,2 111.935 (2) Notwithstanding s. 111.83 (2), the commission shall establish a procedure whereby research assistants may determine whether to form themselves into collective bargaining units under s. 111.825 (1g) (b) or (2) (g), (h), or (i) by authorization cards in lieu of secret ballot. The procedure shall provide that once a majority of research assistants have indicated their preference on the authorization cards to form themselves into a collective bargaining unit, the collective bargaining unit is established.

AB40, s. 2432 Section 2432. 114.31 (6) of the statutes is amended to read:

AB40,964,15 114.31 (6) Technical services to municipalities. The secretary may, insofar as is reasonably possible, offer the engineering or other technical service of the department, to any municipality desiring them in connection with the construction, maintenance or operation or proposed construction, maintenance or operation of an airport. The secretary may assess reasonable costs for services including services performed while acting as agent for a municipality. Such assessment shall include properly allocated administrative costs. Municipalities are authorized to cooperate with the secretary in the development of aeronautics and aeronautical facilities in this state. The department of commerce Wisconsin Economic Development Corporation and all other agencies are authorized and directed to make available such facilities and services, and to cooperate as far as possible to promote the best interests of aeronautics of the state.

AB40, s. 2433 Section 2433. 114.33 (10) of the statutes is amended to read:

AB40,965,6 114.33 (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.

AB40, s. 2434 Section 2434. 115.001 (11) of the statutes is amended to read:

AB40,965,10 115.001 (11) School nurse. "School nurse" means a registered nurse licensed under s. 441.06 or in a party state, as defined in s. 441.50 (2) (j) , who also meets the qualifications for school nurses prescribed by the department by rule.

AB40, s. 2435 Section 2435. 115.01 (10) (a) of the statutes is renumbered 115.01 (10).

AB40, s. 2436 Section 2436. 115.01 (10) (b) of the statutes is repealed.

AB40, s. 2437 Section 2437. 115.28 (12) of the statutes is created to read: