AB56: Bill Text

AB56,1385 Section 1385. 108.16 (6m) (a) of the statutes is amended to read:

AB56,796,7 108.16 (6m) (a) The benefits thus chargeable under s. 108.04 (1) (f), (5), (5g), (7) (h), (8) (a) or (b), (13) (c) or (d) or (16) (e), 108.07 (3), (3r), (5) (b), (5m), or (6), 108.133 (3) (f), 108.14 (8n) (e), 108.141, 108.151, or 108.152 or sub. (6) (e) or (7) (a) and (b).

AB56,1386 Section 1386. 108.19 (1s) (a) 5. of the statutes is repealed.

AB56,1387 Section 1387. 108.22 (10) of the statutes is amended to read:

AB56,796,23 108.22 (10) A private agency that serves as a fiscal agent under s. 46.2785 or contracts with a fiscal intermediary to serve as a fiscal agent under s. 46.27 (5) (i), 46.272 (7) (e), or 47.035 as to any individual performing services for a person receiving long-term support services under s. 46.27 (5) (b), 46.272 (7) (b), 46.275, 46.277, 46.278, 46.2785, 46.286, 46.495, 51.42, or 51.437 or personal assistance services under s. 47.02 (6) (c) may be found jointly and severally liable for the amounts owed by the person under this chapter, if, at the time the person's quarterly report is due under this chapter, the private agency served as a fiscal agent for the person. The liability of the agency as provided in this subsection survives dissolution, reorganization, bankruptcy, receivership, assignment for the benefit of creditors, judicially confirmed extension or composition, or any analogous situation of the person and shall be set forth in a determination or decision issued under s. 108.10. An appeal or review of a determination under this subsection shall not include an appeal or review of determinations of amounts owed by the person.

AB56,1388 Section 1388 . 109.09 (1) of the statutes is amended to read:

AB56,797,22 109.09 (1) The department shall investigate and attempt equitably to adjust controversies between employers and employees as to regarding alleged wage claims. The department may receive and investigate any wage claim that is filed with the department, or received by the department under s. 109.10 (4), no later than 2 years after the date the wages are due. The department may, after receiving a wage claim, investigate any wages due from the employer against whom the claim is filed to any employee during the period commencing 2 years before the date the claim is filed. The department shall enforce this chapter and s. ss. 66.0903, 2013 stats., s. 103.49, 2013 stats., s. 229.8275, 2013 stats., and s. 16.856, 2015 stats., and ss. 103.02, 103.49, 103.82, and 104.12 , and 229.8275. In pursuance of this duty, the department may sue the employer on behalf of the employee to collect any wage claim or wage deficiency and ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions under s. 109.10, the department may refer such an action to the district attorney of the county in which the violation occurs for prosecution and collection and the district attorney shall commence an action in the circuit court having appropriate jurisdiction. Any number of wage claims or wage deficiencies against the same employer may be joined in a single proceeding, but the court may order separate trials or hearings. In actions that are referred to a district attorney under this subsection, any taxable costs recovered by the district attorney shall be paid into the general fund of the county in which the violation occurs and used by that county to meet its financial responsibility under s. 978.13 (2) (b) for the operation of the office of the district attorney who prosecuted the action.

AB56,1389 Section 1389. 109.09 (3) of the statutes is repealed.

AB56,1390 Section 1390. 111.01 of the statutes is created to read:

AB56,798,3 111.01 Declaration of policy. The public policy of the state as to employment relations and collective bargaining, in the furtherance of which this subchapter is enacted, is declared to be as follows:

AB56,798,7 (1) It recognizes that there are 3 major interests involved, namely: the public, the employee, and the employer. These 3 interests are to a considerable extent interrelated. It is the policy of the state to protect and promote each of these interests with due regard to the situation and to the rights of the others.

AB56,798,21 (2) Industrial peace, regular and adequate income for the employee, and uninterrupted production of goods and services are promotive of all of these interests. They are largely dependent upon the maintenance of fair, friendly, and mutually satisfactory employment relations and the availability of suitable machinery for the peaceful adjustment of whatever controversies may arise. It is recognized that certain employers, including farmers, farmer cooperatives, and unincorporated farmer cooperative associations, in addition to their general employer problems, face special problems arising from perishable commodities and seasonal production that require adequate consideration. It is also recognized that whatever may be the rights of disputants with respect to each other in any controversy regarding employment relations, they should not be permitted, in the conduct of their controversy, to intrude directly into the primary rights of 3rd parties to earn a livelihood, transact business, and engage in the ordinary affairs of life by any lawful means and free from molestation, interference, restraint, or coercion.

AB56,799,2 (3) Negotiations of terms and conditions of work should result from voluntary agreement between employer and employee. For the purpose of such negotiation an employee has the right, if the employee desires, to associate with others in organizing and bargaining collectively through representatives of the employee's own choosing, without intimidation or coercion from any source.

AB56,799,9 (4) It is the policy of the state, in order to preserve and promote the interests of the public, the employee, and the employer alike, to establish standards of fair conduct in employment relations and to provide a convenient, expeditious, and impartial tribunal by which these interests may have their respective rights and obligations adjudicated. While limiting individual and group rights of aggression and defense, the state substitutes processes of justice for the more primitive methods of trial by combat.

AB56,1391 Section 1391. 111.04 (1) and (2) of the statutes are consolidated, renumbered 111.04 and amended to read:

AB56,799,19 111.04 Rights of Employees. Employees shall have the right of self-organization and the right to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection. (2) Employees shall also have the right to refrain from self-organization; forming, joining, or assisting labor organizations; bargaining collectively through representatives; or engaging in activities for the purpose of collective bargaining or other mutual aid or protection such activities.

AB56,1392 Section 1392. 111.04 (3) of the statutes is repealed.

AB56,1393 Section 1393. 111.06 (1) (c) of the statutes is amended to read:

AB56,800,24 111.06 (1) (c) To encourage or discourage membership in any labor organization, employee agency, committee, association, or representation plan by discrimination in regard to hiring, tenure, or other terms or conditions of employment except in a collective bargaining unit where an all-union, fair-share, or maintenance of membership agreement is in effect. An employer may enter into an all-union agreement with the voluntarily recognized representative of the employees in a collective bargaining unit, where at least a majority of such employees voting have voted affirmatively, by secret ballot, in favor of the all-union agreement in a referendum conducted by the commission, except that where the bargaining representative has been certified by either the commission or the national labor relations board as the result of a representation election, no referendum is required to authorize the entry into an all-union agreement. An authorization of an all-union agreement continues, subject to the right of either party to the all-union agreement to petition the commission to conduct a new referendum on the subject. Upon receipt of the petition, if the commission determines there is reasonable ground to believe that the employees concerned have changed their attitude toward the all-union agreement, the commission shall conduct a referendum. If the continuance of the all-union agreement is supported on a referendum by a vote at least equal to that provided in this paragraph for its initial authorization, it may continue, subject to the right to petition for a further vote by the procedure under this paragraph. If the continuance of the all-union agreement is not supported on a referendum, it terminates at the expiration of the contract of which it is then a part or at the end of one year from the date of the announcement by the commission of the result of the referendum, whichever is earlier. The commission shall declare any all-union agreement terminated whenever it finds that the labor organization involved has unreasonably refused to receive as a member any employee of such employer. An interested person may, as provided in s. 111.07, request the commission to perform this duty.

AB56,1394 Section 1394. 111.06 (1) (e) of the statutes is amended to read:

AB56,801,3 111.06 (1) (e) To bargain collectively with the representatives of less than a majority of the employer's employees in a collective bargaining unit, or to enter into an all-union agreement except in the manner provided in par. (c).

AB56,1395 Section 1395. 111.06 (1) (i) of the statutes is amended to read:

AB56,801,12 111.06 (1) (i) To deduct labor organization dues or assessments from an employee's earnings, unless the employer has been presented with an individual order therefor, signed by the employee personally, and terminable by the employee giving to the employer at least 30 days' written notice of the termination. This paragraph applies to the extent permitted under federal law unless there is an all-union, fair-share, or maintenance of membership agreement in effect. The employer shall give notice to the labor organization of receipt of a notice of termination.

AB56,1396 Section 1396. 111.06 (1) (m) of the statutes is created to read:

AB56,801,15 111.06 (1) (m) To fail to give the notice of intention to engage in a lockout provided in s. 111.115 (3).

AB56,1397 Section 1397 . 111.31 (1) of the statutes is amended to read:

AB56,802,8 111.31 (1) The legislature finds that the practice of unfair discrimination in employment against properly qualified individuals by reason of their age, race, creed, color, disability, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, military service, use or nonuse of lawful products off the employer's premises during nonworking hours, or declining to attend a meeting or to participate in any communication about religious matters or political matters, substantially and adversely affects the general welfare of the state. Employers, labor organizations, employment agencies, and licensing agencies that deny employment opportunities and discriminate in employment against properly qualified individuals solely because of their age, race, creed, color, disability, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, military service, status as a holder or nonholder of a license under s. 343.03 (3m), use or nonuse of lawful products off the employer's premises during nonworking hours, or declining to attend a meeting or to participate in any communication about religious matters or political matters, deprive those individuals of the earnings that are necessary to maintain a just and decent standard of living.

AB56,1398 Section 1398 . 111.31 (2) of the statutes is amended to read:

AB56,802,23 111.31 (2) It is the intent of the legislature to protect by law the rights of all individuals to obtain gainful employment and to enjoy privileges free from employment discrimination because of age, race, creed, color, disability, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, military service, status as a holder or nonholder of a license under s. 343.03 (3m), use or nonuse of lawful products off the employer's premises during nonworking hours, or declining to attend a meeting or to participate in any communication about religious matters or political matters, and to encourage the full, nondiscriminatory utilization of the productive resources of the state to the benefit of the state, the family, and all the people of the state. It is the intent of the legislature in promulgating this subchapter to encourage employers to evaluate an employee or applicant for employment based upon the individual qualifications of the employee or applicant rather than upon a particular class to which the individual may belong.

AB56,1399 Section 1399 . 111.31 (3) of the statutes is amended to read:

AB56,803,11 111.31 (3) In the interpretation and application of this subchapter, and otherwise, it is declared to be the public policy of the state to encourage and foster to the fullest extent practicable the employment of all properly qualified individuals regardless of age, race, creed, color, disability, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, military service, status as a holder or nonholder of a license under s. 343.03 (3m), use or nonuse of lawful products off the employer's premises during nonworking hours, or declining to attend a meeting or to participate in any communication about religious matters or political matters. Nothing in this subsection requires an affirmative action program to correct an imbalance in the work force. This subchapter shall be liberally construed for the accomplishment of this purpose.

AB56,1400 Section 1400 . 111.321 of the statutes is amended to read:

AB56,803,21 111.321 Prohibited bases of discrimination. Subject to ss. 111.33 to 111.365, no employer, labor organization, employment agency, licensing agency, or other person may engage in any act of employment discrimination as specified in s. 111.322 against any individual on the basis of age, race, creed, color, disability, marital status, sex, national origin, ancestry, arrest record, conviction record, military service, status as a holder or nonholder of a license under s. 343.03 (3m), use or nonuse of lawful products off the employer's premises during nonworking hours, or declining to attend a meeting or to participate in any communication about religious matters or political matters.

AB56,1401 Section 1401 . 111.322 (2m) (a) of the statutes is amended to read:

AB56,804,2 111.322 (2m) (a) The individual files a complaint or attempts to enforce any right under s. 103.02, 103.10, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455, 103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB56,1402 Section 1402 . 111.322 (2m) (b) of the statutes is amended to read:

AB56,804,7 111.322 (2m) (b) The individual testifies or assists in any action or proceeding held under or to enforce any right under s. 103.02, 103.10, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455, 103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB56,1403 Section 1403 . 111.322 (2m) (c) of the statutes is created to read:

AB56,804,11 111.322 (2m) (c) The individual files a complaint or attempts to enforce a right under s. 66.0903, 103.49, or 229.8275 or testifies or assists in any action or proceeding under s. 66.0903, 103.49, or 229.8275.

AB56,1404 Section 1404 . 111.335 (3) (a) of the statutes is renumbered 111.335 (3) (ar).

AB56,1405 Section 1405 . 111.335 (3) (ag) of the statutes is created to read:

AB56,804,19 111.335 (3) (ag) 1. Employment discrimination because of a conviction record includes requesting an applicant for employment, on an application form or otherwise, to supply information regarding the conviction record of the applicant, or otherwise inquiring into or considering the conviction record of an applicant for employment, before the applicant has been selected for an interview by the prospective employer.

AB56,804,23 2. Subdivision 1. does not prohibit an employer from notifying applicants for employment that, subject to this section and ss. 111.321 and 111.322, an individual with a particular conviction record may be disqualified by law or under the employer's policies from employment in particular positions.

AB56,1406 Section 1406 . 111.335 (4) (b) of the statutes is amended to read:

AB56,805,5 111.335 (4) (b) It is employment discrimination because of conviction record for a licensing agency to refuse to license any individual under sub. (3) (a) (ar) 1. or to bar or terminate an individual from licensing under sub. (3) (a) (ar) 1. because the individual was adjudicated delinquent under ch. 938 for an offense other than an exempt offense.

AB56,1407 Section 1407 . 111.335 (4) (c) 1. (intro.) of the statutes is amended to read:

AB56,805,9 111.335 (4) (c) 1. (intro.) If a licensing agency refuses to license an individual under sub. (3) (a) (ar) 1. or bars or terminates an individual from licensing under sub. (3) (a) (ar) 1., the licensing agency shall, subject to subd. 2., do all of the following:

AB56,1408 Section 1408 . 111.335 (4) (e) of the statutes is amended to read:

AB56,805,15 111.335 (4) (e) A state licensing agency that may refuse to license individuals under sub. (3) (a) (ar) 1. or that may bar or terminate an individual from licensure under sub. (3) (a) (ar) 1. shall publish on the agency's Internet site a document indicating the offenses or kinds of offenses that may result in such a refusal, bar, or termination.

AB56,1409 Section 1409 . 111.335 (4) (f) 1. of the statutes is amended to read:

AB56,805,22 111.335 (4) (f) 1. A state licensing agency that may refuse to license individuals under sub. (3) (a) (ar) 1. or that may bar or terminate individuals from licensing under sub. (3) (a) (ar) 1. shall allow an individual who does not possess a license to, without submitting a full application and without paying the fees applicable to applicants, apply to the agency for a determination of whether the individual would be disqualified from obtaining the license due to his or her conviction record.

AB56,1410 Section 1410. 115.28 (7) (a) of the statutes is amended to read:

AB56,806,11 115.28 (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), 118.191, 118.1915, 118.192, 118.193, 118.194, and 118.195 , and 118.197; prescribe by rule standards, requirements, and procedures for the approval of teacher preparatory programs leading to licensure, including a requirement that, beginning on July 1, 2012, and annually thereafter, each teacher preparatory program located in this state shall submit to the department a list of individuals who have completed the program and who have been recommended by the program for licensure under this subsection, together with each individual's date of program completion, from each term or semester of the program's most recently completed academic year; file in the state superintendent's office all papers relating to state teachers' licenses; and register each such license.

AB56,1411 Section 1411. 115.28 (7) (b) of the statutes is amended to read:

AB56,806,23 115.28 (7) (b) Subject to the same rules and laws concerning qualifications of applicants and granting and revocation of licenses or certificates under par. (a), the state superintendent shall grant certificates and licenses to teachers in private schools and tribal schools, except that teaching experience requirements for such certificates and licenses may be fulfilled by teaching experience in public, private, or tribal schools. An applicant is not eligible for a license or certificate unless the state superintendent finds that the private school or tribal school in which the applicant taught offered an adequate educational program during the period of the applicant's teaching therein. Private Except as provided under ss. 115.7915 (2) (i), 118.60 (2) (a) 6m., and 119.23 (2) (a) 6m., private schools are not obligated to employ only licensed or certified teachers.

AB56,1412 Section 1412. 115.28 (10m) of the statutes is repealed.

AB56,1413 Section 1413. 115.28 (10o) of the statutes is repealed.

AB56,1414 Section 1414. 115.28 (15) (a) of the statutes is amended to read:

AB56,807,6 115.28 (15) (a) Establish, by rule, standards for the approval of the abilities of certified teachers and counselors and their aides participating in bilingual-bicultural education programs under subch. VII VIII to read, write and speak a non-English language and to possess knowledge of the culture of limited-English proficient pupils.

AB56,1415 Section 1415. 115.28 (15) (b) of the statutes is amended to read:

AB56,807,9 115.28 (15) (b) Establish, by rule, minimum standards for bilingual-bicultural education programs under subch. VII VIII.

AB56,1416 Section 1416. 115.28 (27) of the statutes is amended to read:

AB56,807,15 115.28 (27) WISElearn. Develop and maintain an online resource, called WISElearn, to provide educational resources for parents, teachers, and pupils; offer online learning opportunities; provide regional technical support centers; provide professional development for teachers; and enable video conferencing; and support digital archiving projects in public libraries.

AB56,1417 Section 1417. 115.28 (45) of the statutes is amended to read:

AB56,807,21 115.28 (45) Grants for bullying prevention. From the appropriation under s. 20.255 (3) (eb), annually award grants a grant to a the nonprofit organization, as defined in s. 108.02 (19), that received an award under this subsection in the 2017-18 and 2018-19 school years to provide training and an online bullying prevention curriculum for pupils in grades kindergarten to 8.

AB56,1418 Section 1418. 115.28 (54m) of the statutes is amended to read:

AB56,808,5 115.28 (54m) Notice of educational options. Include on the home page of the department's Internet site a link to information about all of the educational options available to children in the state who are at least 3 years old but not yet 18 years old, including public schools, private schools participating in a parental choice program, charter schools, virtual schools, full-time or part-time open enrollment in a nonresident school district, the early college credit program programs under ss. 36.25 (56) and 38.12 (15), and options for pupils enrolled in a home-based private educational program.

AB56,1419 Section 1419. 115.28 (63) (title) of the statutes is renumbered 115.362 (title) and amended to read:

AB56,808,9 115.362 (title) Mental health and school climate training program programs and grants.

AB56,1420 Section 1420. 115.28 (63) of the statutes is renumbered 115.362 (1), and 115.362 (1) (intro.), as renumbered, is amended to read:

AB56,808,17 115.362 (1) (intro.) Establish The department shall establish a mental health training support program under which the department provides training on pupil mental health, strategies to improve school climate, and school safety. The department shall provide training on all of the following evidence-based strategies related to addressing mental health issues in schools to school district staff and instructional staff of charter schools under s. 118.40 (2r) or (2x):

AB56,1421 Section 1421. 115.28 (65) of the statutes is amended to read:

AB56,808,22 115.28 (65) Wisconsin Reading Corps. In the 2017-18 and 2018-19 school years, Annually distribute the amounts appropriated under s. 20.255 (3) (fr) to Wisconsin Reading Corps to provide one-on-one tutoring if Wisconsin Reading Corps provides matching funds of $250,000 in each school year.

AB56,1422 Section 1422. 115.28 (66) of the statutes is created to read:

AB56,809,3 115.28 (66) Principal training and support; urban school districts. Annually, award a grant to a nonprofit organization or an urban school district for the purpose of providing training, coaching, and professional support to principals employed by urban school districts. For purposes of this subsection, “urban school district” has the meaning given in s. 115.42 (1c) (b).

AB56,1423 Section 1423. 115.335 of the statutes is created to read:

AB56,809,7 115.335 Water filtration grants. (1) Beginning in the 2019-20 school year, the department shall award grants to school districts to purchase water bottle filling equipment that includes a water filtration component.

AB56,809,9 (2) The department shall promulgate rules to implement and administer this section.

AB56,1424 Section 1424. 115.341 of the statutes is amended to read:

AB56,809,20 115.341 School breakfast program. (1) From the appropriation under s. 20.255 (2) (cm), the state superintendent shall reimburse each school board, each operator of a charter school under s. 118.40 (2r) or (2x), each operator of a residential care center for children and youth, as defined in s. 115.76 (14g), the director of the program under s. 115.52, and the director of the center under s. 115.525 15 cents for each breakfast served at a school, as defined in 7 CFR 220.2, 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 or tribal school 15 cents for each breakfast served at the private school or tribal school that meets the requirements of 7 CFR 220.8 or 220.8a, whichever is applicable.

AB56,809,25 (2) If the appropriation under s. 20.255 (2) (cm) in any fiscal year is insufficient to pay the full amount of aid under this section, the state superintendent shall prorate state aid payments among the school boards, operators, directors, and governing bodies of private schools and tribal schools entitled to the aid under sub. (1).

AB56,1425 Section 1425. 115.341 (3) of the statutes is created to read:

AB56,810,8 115.341 (3) Notwithstanding sub. (1), the state superintendent may not reimburse the operator of a charter school under s. 118.40 (2r) or (2x), the operator of a residential care center for children and youth, as defined in s. 115.76 (14g), the director of the program under s. 115.52, the director of the center under s. 115.525, or the governing body of a private or tribal school for any breakfasts served at a school, as defined in 7 CFR 220.2, during the prior school year if the school ceased operations during that prior school year.

AB56,1426 Section 1426. 115.362 (2) of the statutes is created to read:

AB56,810,11 115.362 (2) From the appropriation under s. 20.255 (1) (ep), the department shall annually award all of the following:

AB56,810,13 (a) A grant to the Wisconsin Safe and Healthy Schools Training and Technical Assistance Center.

AB56,810,16 (b) A grant to Wisconsin Family Ties, Inc., to train individuals to help families understand and access mental health services that are available to children in school and in the community.

AB56,810,18 (c) A grant to the Center for Suicide Awareness, Inc., to support staff, training, and expenses related to operating a text-based suicide prevention program.