SB21: Bill Text

SB21,3126 Section 3126. 108.227 (1m) (intro.) of the statutes is amended to read:

SB21,1223,6 108.227 (1m) General provisions. (intro.) The department shall promulgate rules specifying procedures to be used before taking action under sub. (3) (b) or s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4) with respect to a person whose license or credential is to be denied, not renewed, discontinued, suspended, or revoked, including rules with respect to all of the following:

SB21,3127 Section 3127. 108.227 (3) (a) 3. of the statutes is amended to read:

SB21,1223,11 108.227 (3) (a) 3. Upon the request of any person whose license or certificate has been previously revoked or denied under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), reinstate the license or certificate if the applicant is not liable for delinquent contributions.

SB21,3128 Section 3128. 108.227 (5) (a) of the statutes is amended to read:

SB21,1224,4 108.227 (5) (a) The department of workforce development shall conduct a hearing requested by a license holder or applicant for a license or license renewal or continuation under sub. (2) (b) 1. b., or as requested under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), to review a certification or determination of contribution delinquency that is the basis of a denial, suspension, or revocation of a license or certificate in accordance with this section or an action taken under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4). A hearing under this paragraph is limited to questions of mistaken identity of the license or certificate holder or applicant and of prior payment of the contributions that the department of workforce development certified or determined the license or certificate holder or applicant owes the department. At a hearing under this paragraph, any statement filed by the department of workforce development, the licensing department, or the supreme court, if the supreme court agrees, may be admitted into evidence and is prima facie evidence of the facts that it contains. Notwithstanding ch. 227, a person entitled to a hearing under this paragraph is not entitled to any other notice, hearing, or review, except as provided in sub. (6).

SB21,3129 Section 3129. 108.227 (5) (b) 1. of the statutes is amended to read:

SB21,1224,14 108.227 (5) (b) 1. Issue a nondelinquency certificate to a license holder or an applicant for a license or license renewal or continuation if the department determines that the license holder or applicant is not liable for delinquent contributions. For a hearing requested in response to an action taken under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), the department shall grant a license or certificate or reinstate a license or certificate if the department determines that the applicant for or the holder of the license or certificate is not liable for delinquent contributions, unless there are other grounds for denying the application or revoking the license or certificate.

SB21,3130 Section 3130. 108.227 (5) (b) 2. of the statutes is amended to read:

SB21,1224,24 108.227 (5) (b) 2. Provide notice that the department of workforce development has affirmed its certification of contribution delinquency to a license holder; to an applicant for a license, a license renewal, or a license continuation; and to the licensing department or the supreme court, if the supreme court agrees. For a hearing requested in response to an action taken under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), the department of workforce development shall provide notice to the license or certificate holder or applicant that the department of workforce development has affirmed its determination of contribution delinquency.

SB21,3131 Section 3131. 108.24 (1) of the statutes is renumbered 108.24 (1) (a) and amended to read:

SB21,1225,9 108.24 (1) (a) Any person who knowingly makes a false statement or representation to obtain any benefit payment under this chapter, either for himself or herself or for any other person, shall be fined not less than $100 nor more than $500 or imprisoned not more than 90 days, or both; and each such false statement or representation constitutes a separate offense. This may be penalized as provided in par. (b). Any penalty imposed under par. (b) is in addition to any penalty imposed under s. 108.04 (11) (bh).

SB21,3132 Section 3132. 108.24 (1) (b) of the statutes is created to read:

SB21,1225,11 108.24 (1) (b) Whoever violates par. (a):

SB21,1225,13 1. If the value of any benefits obtained does not exceed $2,500, is subject to a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.

SB21,1225,15 2. If the value of any benefits obtained exceeds $2,500 but does not exceed $5,000, is guilty of a Class I felony.

SB21,1225,17 3. If the value of any benefits obtained exceeds $5,000 but does not exceed $10,000, is guilty of a Class H felony.

SB21,1225,19 4. If the value of any benefits obtained exceeds $10,000, is guilty of a Class G felony.

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

SB21,1225,22 109.03 (1) (c) Unclassified employees Employees of the University of Wisconsin System Authority.

SB21,3134 Section 3134. 109.09 (2) (c) 1. a. of the statutes is amended to read:

SB21,1225,25 109.09 (2) (c) 1. a. "Commercial lending institution" has the meaning given for "financial institution" in s. 234.01 235.40 (5k).

SB21,3135 Section 3135. 111.335 (1) (cx) of the statutes is amended to read:

SB21,1226,5 111.335 (1) (cx) Notwithstanding s. 111.322, it is not employment discrimination because of conviction record to refuse to employ or license, or to bar or terminate from employment or licensure, any individual who has been convicted of any offense under s. 38.50 100.67 (13) (c).

SB21,3136 Section 3136. 111.70 (1) (i) of the statutes is amended to read:

SB21,1226,12 111.70 (1) (i) "Municipal employee" means any individual employed by a municipal employer other than an independent contractor, ; a supervisor, or; a confidential, managerial or executive employee; or an employee who is employed by the University of Wisconsin System Authority who is academic staff, as defined in s. 36.05 (1), who is faculty, as defined in s. 36.05 (8), or who is employed under s. 36.11 (2) (b).

SB21,3137 Section 3137 . 111.70 (1) (j) of the statutes is amended to read:

SB21,1226,20 111.70 (1) (j) "Municipal employer" means any city, county, village, town, metropolitan sewerage district, school district, long-term care district, local cultural arts district created under subch. V of ch. 229, the University of Wisconsin System Authority, or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state, that engages the services of an employee and includes any person acting on behalf of a municipal employer within the scope of the person's authority, express or implied.

SB21,3138 Section 3138 . 111.70 (1) (j) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1227,4 111.70 (1) (j) "Municipal employer" means any city, county, village, town, metropolitan sewerage district, school district, long-term care district, local cultural arts district created under subch. V of ch. 229, the University of Wisconsin System Authority, or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state, that engages the services of an employee and includes any person acting on behalf of a municipal employer within the scope of the person's authority, express or implied.

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

SB21,1227,7 111.81 (5) "Division" means the division of personnel management in the department of administration.

SB21,3140 Section 3140. 111.81 (7) (ar) of the statutes, as created by 2011 Wisconsin Act 32, is repealed.

SB21,3141 Section 3141. 111.81 (7) (at) of the statutes, as created by 2011 Wisconsin Act 32, is repealed.

SB21,3142 Section 3142. 111.81 (7) (b) of the statutes is repealed.

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

SB21,1227,16 111.81 (7) (f) Instructional staff employed by the board of regents of the University of Wisconsin System who provide services for a charter school established by contract under s. 118.40 (2r) (cm), 2013 stats.

SB21,3144 Section 3144. 111.81 (7) (f) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is repealed.

SB21,3145 Section 3145. 111.81 (7) (gm) of the statutes is repealed.

SB21,3146 Section 3146. 111.81 (7) (h) of the statutes is repealed.

SB21,3147 Section 3147. 111.81 (7) (i) of the statutes is repealed.

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

SB21,3149 Section 3149. 111.81 (15m) of the statutes is repealed.

SB21,3150 Section 3150. 111.81 (17m) of the statutes is repealed.

SB21,3151 Section 3151. 111.81 (19m) of the statutes is repealed.

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

SB21,1228,22 111.815 (1) In the furtherance of this subchapter, the state shall be considered as a single employer and employment relations policies and practices throughout the state service shall be as consistent as practicable. The office division shall negotiate and administer collective bargaining agreements. To coordinate the employer position in the negotiation of agreements, the office division shall maintain close liaison with the legislature relative to the negotiation of agreements and the fiscal ramifications of those agreements. Except with respect to the collective bargaining units specified in s. 111.825 (1r) and (1t), the office division is responsible for the employer functions of the executive branch under this subchapter, and shall coordinate its collective bargaining activities with operating state agencies on matters of agency concern. The legislative branch shall act upon those portions of tentative agreements negotiated by the office division that require legislative action. With respect to the collective bargaining units specified in s. 111.825 (1r), the Board of Regents of the University of Wisconsin System is responsible for the employer functions under this subchapter. With respect to the collective bargaining units specified in s. 111.825 (1t), the chancellor of the University of Wisconsin-Madison is responsible for the employer functions under this subchapter. With respect to the collective bargaining unit specified in s. 111.825 (1r) (ef), the governing board of the charter school established by contract under s. 118.40 (2r) (cm), 2013 stats., is responsible for the employer functions under this subchapter.

SB21,1229,4 (2) The director of the office administrator of the division shall, together with the appointing authorities or their representatives, represent the state in its responsibility as an employer under this subchapter except with respect to negotiations in the collective bargaining units specified in s. 111.825 (1r) and (1t). The director of the office administrator of the division shall establish and maintain, wherever practicable, consistent employment relations policies and practices throughout the state service.

SB21,3153 Section 3153 . 111.815 (1) of the statutes, as affected by 2013 Wisconsin Act 166 and 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1230,2 111.815 (1) In the furtherance of this subchapter, the state shall be considered as a single employer and employment relations policies and practices throughout the state service shall be as consistent as practicable. The division shall negotiate and administer collective bargaining agreements. To coordinate the employer position in the negotiation of agreements, the division shall maintain close liaison with the legislature relative to the negotiation of agreements and the fiscal ramifications of those agreements. Except with respect to the collective bargaining units specified in s. 111.825 (1r) and (1t), the The division is responsible for the employer functions of the executive branch under this subchapter, and shall coordinate its collective bargaining activities with operating state agencies on matters of agency concern. The legislative branch shall act upon those portions of tentative agreements negotiated by the division that require legislative action. With respect to the collective bargaining units specified in s. 111.825 (1r), the Board of Regents of the University of Wisconsin System is responsible for the employer functions under this subchapter. With respect to the collective bargaining units specified in s. 111.825 (1t), the chancellor of the University of Wisconsin-Madison is responsible for the employer functions under this subchapter. With respect to the collective bargaining unit specified in s. 111.825 (1r) (ef), the governing board of the charter school established by contract under s. 118.40 (2r) (cm), 2013 stats., is responsible for the employer functions under this subchapter.

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

SB21,1230,6 111.815 (3) With regard to collective bargaining activities involving employees who are assistant district attorneys, the director of the office administrator of the division shall maintain close liaison with the secretary of administration.

SB21,3155 Section 3155. 111.825 (1r) of the statutes, as affected by 2011 Wisconsin Act 32 and 2015 Wisconsin Act .... (this act), is repealed.

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

SB21,1230,13 111.825 (1r) (ef) Instructional staff employed by the board of regents of the University of Wisconsin System who provide services for a charter school established by contract under s. 118.40 (2r) (cm), 2013 stats.

SB21,3157 Section 3157. 111.825 (1t) of the statutes, as affected by 2011 Wisconsin Act 32, is repealed.

SB21,3158 Section 3158. 111.825 (3) of the statutes, as affected by 2013 Wisconsin Act 166, is amended to read:

SB21,1230,19 111.825 (3) The commission shall assign employees to the appropriate collective bargaining units set forth in subs. (1), (1r), (1t), and (2).

SB21,3159 Section 3159. 111.825 (4) of the statutes, as affected by 2013 Wisconsin Act 166, is amended to read:

SB21,1231,4 111.825 (4) Any labor organization may petition for recognition as the exclusive representative of a collective bargaining unit specified in sub. (1) , (1r), (1t), or (2) 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.

SB21,3160 Section 3160. 111.825 (6) (a) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB21,1231,17 111.825 (6) (a) The commission shall assign only an employee of the department of administration, or the department of transportation, University of Wisconsin-Madison, or board of regents of the University of Wisconsin System who engages in the detection and prevention of crime, who enforces the laws and who is authorized to make arrests for violations of the laws; an employee of the department of administration, or the department of transportation, University of Wisconsin-Madison, or board of regents of the University of Wisconsin System who provides technical law enforcement support to such employees; and an employee of the department of transportation who engages in motor vehicle inspection or operator's license examination to a collective bargaining unit under sub. (1) (cm), (1r) (cm), or (1t) (cm), whichever is appropriate.

SB21,3161 Section 3161. 111.825 (7) of the statutes, as created by 2011 Wisconsin Act 32, is repealed.

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

SB21,1232,10 111.83 (3) (a) Whenever a question arises concerning the representation of employees in a collective bargaining unit the commission shall determine the representative thereof by taking a secret ballot of the employees and certifying in writing the results thereof to the interested parties and to the director of the office administrator of the division. There shall be included on any ballot for the election of representatives the names of all labor organizations having an interest in representing the employees participating in the election as indicated in petitions filed with the commission. The name of any existing representative shall be included on the ballot without the necessity of filing a petition. The commission may exclude from the ballot one who, at the time of the election, stands deprived of his or her rights under this subchapter by reason of a prior adjudication of his or her having engaged in an unfair labor practice. The ballot shall be so prepared as to permit a vote against representation by anyone named on the ballot. The commission's certification of the results of any election is conclusive as to the findings included therein unless reviewed under s. 111.07 (8).

SB21,3163 Section 3163. 111.83 (5) of the statutes, as affected by 2011 Wisconsin Act 32, is repealed.

SB21,3164 Section 3164. 111.83 (7) of the statutes, as affected by 2011 Wisconsin Act 32 and 2013 Wisconsin Act 166, is repealed.

SB21,3165 Section 3165. 111.84 (2) (c) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB21,1232,24 111.84 (2) (c) To refuse to bargain collectively on matters set forth in s. 111.91 (1) or (3), whichever is appropriate, 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) (ar) to (f) (c) and (e) 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.

SB21,3166 Section 3166. 111.85 (5) of the statutes, as affected by 2011 Wisconsin Act 32 and 2013 Wisconsin Act 166, is repealed.

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

SB21,1233,10 111.86 (2) The office division shall charge a state department or agency the employer's share of the cost related to grievance arbitration under sub. (1) for any arbitration that involves one or more employees of the state department or agency. Each state department or agency so charged shall pay the amount that the office division charges from the appropriation account or accounts used to pay the salary of the grievant. Funds received under this subsection shall be credited to the appropriation account under s. 20.545 (1) (km) 20.505 (1) (ks).

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

SB21,1233,17 111.89 (1) Upon establishing that a strike is in progress, the employer may either seek an injunction or file an unfair labor practice charge with the commission under s. 111.84 (2) (e) or both. It is the responsibility of the office division to decide whether to seek an injunction or file an unfair labor practice charge. The existence of an administrative remedy does not constitute grounds for denial of injunctive relief.

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

SB21,1234,3 111.91 (4) The director of the office administrator of the division, in connection with the development of tentative collective bargaining agreements to be submitted under s. 111.92 (1) (a) 1., shall endeavor to obtain tentative agreements with each recognized or certified labor organization representing employees or supervisors of employees specified in s. 111.81 (7) (a) and with each certified labor organization representing employees specified in s. 111.81 (7) (b) to (e) which do not contain any provision for the payment to any employee of a cumulative or noncumulative amount of compensation in recognition of or based on the period of time an employee has been employed by the state.

SB21,3170 Section 3170 . 111.91 (4) of the statutes, as affected by 2011 Wisconsin Act 32 and 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1234,14 111.91 (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) and with each certified labor organization representing employees specified in s. 111.81 (7) (b) to (c) and (e) which do not contain any provision for the payment to any employee of a cumulative or noncumulative amount of compensation in recognition of or based on the period of time an employee has been employed by the state.

SB21,3171 Section 3171. 111.915 of the statutes is amended to read:

SB21,1234,22 111.915 Labor proposals. The director of the office administrator of the division shall notify and consult with the joint committee on employment relations, in such form and detail as the committee requests, regarding substantial changes in wages, employee benefits, personnel management, and program policy contract provisions to be included in any contract proposal to be offered to any labor organization by the state or to be agreed to by the state before such proposal is actually offered or accepted.

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

SB21,1235,5 111.92 (1) (a) 1. Any tentative agreement reached between the office division and any labor organization representing a collective bargaining unit specified in s. 111.825 (1) or (2) (d) or (e) shall, after official ratification by the labor organization, be submitted by the office division to the joint committee on employment relations, which shall hold a public hearing before determining its approval or disapproval.

SB21,3173 Section 3173. 111.92 (1) (a) 1. and 4. of the statutes, as affected by 2011 Wisconsin Act 32 and 2015 Wisconsin Act .... (this act), are consolidated, renumbered 111.92 (1) and amended to read: