Amendment AA1-SB70

SB70-AA1,307,19 (b) For a fair-share agreement to be authorized, at least two-thirds of the eligible public safety employees voting in a referendum shall vote in favor of the agreement or at least two-thirds of the employees in a collective bargaining unit containing a frontline worker shall vote in favor of the agreement. For a maintenance of membership agreement to be authorized, at least a majority of the eligible public safety employees voting in a referendum shall vote in favor of the agreement or at least a majority of the employees in a collective bargaining unit containing a frontline worker shall vote in favor of the agreement. In a referendum on a fair-share agreement, if less than two-thirds but more than one-half of the eligible public safety employees vote in favor of the agreement, a maintenance of membership agreement is authorized.

SB70-AA1,308,9 (c) If a fair-share or maintenance of membership agreement is authorized in a referendum ordered under par. (a), the employer shall enter into such an agreement with the labor organization named on the ballot in the referendum. Each fair-share or maintenance of membership agreement shall contain a provision requiring the employer to deduct the amount of dues as certified by the labor organization from the earnings of the public safety employees affected by the agreement and to pay the amount so deducted to the labor organization. Unless the parties agree to an earlier date, the agreement shall take effect 60 days after certification by the commission that the referendum vote authorized the agreement. The employer shall be held harmless against any claims, demands, suits and other forms of liability made by public safety the employees affected by the agreement or by local labor organizations which may arise for actions taken by the employer in compliance with this section. All such lawful claims, demands, suits , and other forms of liability are the responsibility of the labor organization entering into the agreement.

SB70-AA1,308,16 (d) Under each fair-share or maintenance of membership agreement, a public safety an employee affected by the agreement who has religious convictions against dues payments to a labor organization based on teachings or tenets of a church or religious body of which he or she is a member shall, on request to the labor organization, have his or her dues paid to a charity mutually agreed upon by the public safety employee and the labor organization. Any dispute concerning this paragraph may be submitted to the commission for adjudication.

SB70-AA1,644 Section 644. 111.85 (2) of the statutes is amended to read:

SB70-AA1,309,9 111.85 (2) (a) Once authorized under sub. (1), a fair-share or maintenance of membership agreement covering public safety employees shall continue in effect, subject to the right of the employer or labor organization concerned to petition the commission to conduct a new referendum. Such petition must be supported by proof that at least 30 percent of the public safety employees in the collective bargaining unit or at least 30 percent of the employees in a collective bargaining unit containing a frontline worker desire that the fair-share or maintenance of membership agreement be discontinued. Upon so finding, the commission shall conduct a new referendum. If the continuance of the fair-share or maintenance of membership agreement is approved in the referendum by at least the percentage of eligible voting public safety employees required for its initial authorization, it shall be continued in effect, subject to the right of the employer or labor organization to later initiate a further vote following the procedure prescribed in this subsection. If the continuation of the agreement is not supported in any referendum, it is deemed terminated terminates at the termination of the collective bargaining agreement, or one year from the date of the certification of the result of the referendum, whichever is earlier.

SB70-AA1,309,18 (b) The commission shall declare any fair-share or maintenance of membership agreement suspended upon such conditions and for such time as the commission decides whenever it finds that the labor organization involved has refused on the basis of race, color, sexual orientation or creed to receive as a member any public safety employee in the collective bargaining unit involved, and the agreement shall be made subject to the findings and orders of the commission. Any of the parties to the agreement, or any public safety employee covered thereby, may come before the commission, as provided in s. 111.07, and petition the commission to make such a finding.

SB70-AA1,645 Section 645. 111.85 (4) of the statutes is amended to read:

SB70-AA1,309,23 111.85 (4) The commission may, under rules adopted for that purpose, appoint as its agent an official of a state agency or authority whose public safety employees are entitled to vote in a referendum to conduct a referendum provided for herein under this section.

SB70-AA1,646 Section 646. 111.86 (2) of the statutes is amended to read:

SB70-AA1,310,7 111.86 (2) The division shall charge a state department or, agency, or authority 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, or authority. Each state department or, agency, or authority so charged shall pay the amount that the 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. 20.505 (1) (ks).

SB70-AA1,647 Section 647. 111.88 (1) of the statutes is amended to read:

SB70-AA1,310,19 111.88 (1) If a dispute has not been settled after a reasonable period of negotiation and after the settlement procedures, if any, established by the parties have been exhausted, the representative which has been certified by the commission after an election, or, in the case of a representative of employees specified in s. 111.81 (7) (a) or (ag), has been duly recognized by the employer, as the exclusive representative of employees in an appropriate collective bargaining unit, and the employer, its officers and agents, after a reasonable period of negotiation, are deadlocked with respect to any dispute between them arising in the collective bargaining process, the parties jointly, may petition the commission, in writing, to initiate fact-finding under this section, and to make recommendations to resolve the deadlock.

SB70-AA1,648 Section 648. 111.90 (1) of the statutes is amended to read:

SB70-AA1,310,23 111.90 (1) Carry out the statutory mandate and goals assigned to a state agency or authority by the most appropriate and efficient methods and means and utilize personnel in the most appropriate and efficient manner possible.

SB70-AA1,649 Section 649. 111.90 (2) of the statutes is amended to read:

SB70-AA1,311,3 111.90 (2) Manage the employees of a state agency or authority; hire, promote, transfer, assign or retain employees in positions within the agency or authority; and in that regard establish reasonable work rules.

SB70-AA1,650 Section 650. 111.91 (1w) of the statutes is created to read:

SB70-AA1,311,13 111.91 (1w) (a) Except as provided in pars. (b) and (c), with regard to a collective bargaining unit that contains at least one frontline worker, matters subject to collective bargaining to the point of impasse are wage rates, consistent with sub. (2), the assignment and reassignment of classifications to pay ranges, determination of an incumbent's pay status resulting from position reallocation or reclassification, and pay adjustments upon temporary assignment of classified employees to duties of a higher classification or downward reallocations of a classified employee's position; fringe benefits consistent with sub. (2); hours and conditions of employment.

SB70-AA1,311,18 (b) With regard to a collective bargaining unit that contains at least one frontline worker, the employer is not required to bargain on management rights under s. 111.90, except that procedures for the adjustment or settlement of grievances or disputes arising out of any type of disciplinary action referred to in s. 111.90 (3) shall be a subject of bargaining.

SB70-AA1,311,20 (c) The employer is prohibited from bargaining on matters contained in sub. (2) with a collective bargaining unit that contains at least one frontline worker.

SB70-AA1,651 Section 651. 111.91 (2) (intro.) of the statutes is amended to read:

SB70-AA1,311,24 111.91 (2) (intro.) The employer is prohibited from bargaining with a collective bargaining unit under s. 111.825 (1) (g) or with a collective bargaining unit that contains a frontline worker with respect to all of the following:

SB70-AA1,652 Section 652. 111.91 (3) (intro.) of the statutes is amended to read:

SB70-AA1,312,3 111.91 (3) (intro.) The employer is prohibited from bargaining with a collective bargaining unit containing a only general employee employees with respect to any of the following:

SB70-AA1,653 Section 653. 111.91 (3q) of the statutes is amended to read:

SB70-AA1,312,9 111.91 (3q) For purposes of determining compliance with sub. (3), the commission shall provide, upon request, to the employer or to any representative of a collective bargaining unit containing a only general employee employees, the consumer price index change during any 12-month period. The commission may get the information from the department of revenue.

SB70-AA1,654 Section 654. 111.91 (4) of the statutes is amended to read:

SB70-AA1,312,19 111.91 (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) or (ag) 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.

SB70-AA1,655 Section 655. 111.92 (3) (a) of the statutes is amended to read:

SB70-AA1,312,23 111.92 (3) (a) Agreements covering a collective bargaining unit specified under s. 111.825 (1) (g) or a collective bargaining unit containing a frontline worker shall coincide with the fiscal year or biennium.

SB70-AA1,656 Section 656. 111.92 (3) (b) of the statutes is amended to read:

SB70-AA1,313,4 111.92 (3) (b) No agreements covering a collective bargaining unit containing a only general employee employees may be for a period that exceeds one year, and each agreement must coincide with the fiscal year. Agreements covering a collective bargaining unit containing a only general employee employees may not be extended.

SB70-AA1,657 Section 657. 111.93 (3) (a) of the statutes is amended to read:

SB70-AA1,313,15 111.93 (3) (a) If a collective bargaining agreement exists between the employer and a labor organization representing employees in a collective bargaining unit under s. 111.825 (1) (g) or in a collective bargaining unit containing a frontline worker, the provisions of that agreement shall supersede the provisions of civil service and other applicable statutes, as well as rules and policies of the University of Wisconsin-Madison and the board of regents of the University of Wisconsin System, and policies or determinations of an authority, that are related to wages, fringe benefits, hours, and conditions of employment, whether or not the matters contained in those statutes, rules, and policies , and determinations are set forth in the collective bargaining agreement.

SB70-AA1,658 Section 658. 111.93 (3) (b) of the statutes is amended to read:

SB70-AA1,313,23 111.93 (3) (b) If a collective bargaining agreement exists between the employer and a labor organization representing only general 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 of the University of Wisconsin System, related to wages, whether or not the matters contained in those statutes, rules, and policies are set forth in the collective bargaining agreement.

SB70-AA1,659 Section 659. 118.22 (4) of the statutes is created to read:

SB70-AA1,314,4 118.22 (4) A collective bargaining agreement under subch. IV of ch. 111 may modify, waive, or replace any of the provisions of this section as they apply to teachers in the collective bargaining unit, but neither the employer nor the bargaining agent for the employees is required to bargain such modification, waiver, or replacement.

SB70-AA1,660 Section 660. 118.245 (1) of the statutes is amended to read:

SB70-AA1,314,14 118.245 (1) If a school board wishes to increase the total base wages of its general municipal employees, as defined in s. 111.70 (1) (fm), in an amount that exceeds the limit under s. 111.70 (4) (mb) 2., the school board shall adopt a resolution to that effect. The resolution shall specify the amount by which the proposed total base wages increase will exceed the limit under s. 111.70 (4) (mb) 2. The resolution may not take effect unless it is approved in a referendum called for that purpose. The referendum shall occur in April for collective bargaining agreements that begin in July of that year. The results of a referendum apply to the total base wages only in the next collective bargaining agreement.

SB70-AA1,661 Section 661. 118.42 (3) (a) 4. of the statutes is amended to read:

SB70-AA1,314,18 118.42 (3) (a) 4. Implement changes in administrative and personnel structures that are consistent with applicable collective bargaining agreements under subch. IV of ch. 111.

SB70-AA1,662 Section 662. 118.42 (5) of the statutes is amended to read:

SB70-AA1,314,23 118.42 (5) Nothing in this section alters or otherwise affects the rights or remedies afforded school districts and school district employees under federal or state law or under the terms of any applicable collective bargaining agreement under subch. IV of ch. 111.

SB70-AA1,663 Section 663. 120.12 (15) of the statutes is amended to read:

SB70-AA1,315,6 120.12 (15) School hours. Establish rules scheduling the hours of a normal school day. The school board may differentiate between the various elementary and high school grades in scheduling the school day. This subsection does not eliminate a school district's duty under subch. IV of ch. 111 to bargain with its employees' collective bargaining representative over any calendaring proposal which is primarily related to wages, hours, or conditions of employment.

SB70-AA1,664 Section 664. 120.18 (1) (gm) of the statutes is amended to read:

SB70-AA1,315,22 120.18 (1) (gm) Payroll and related benefit costs for all school district employees in the previous school year. Payroll costs Costs for represented employees shall be based upon the costs of wages of any collective bargaining agreements covering such employees for the previous school year. If, as of the time specified by the department for filing the report, the school district has not entered into a collective bargaining agreement for any portion of the previous school year with the recognized or certified representative of any of its employees, increased costs of wages reflected in the report shall be equal to the maximum wage expenditure that is subject to collective bargaining under s. 111.70 (4) (mb) 2. for the employees limited to the lower of the school district's offer or the representative's offer. The school district shall amend the annual report to reflect any change in such costs as a result of any collective bargaining agreement entered into between the date of filing the report and October 1. Any such amendment shall be concurred in by the certified public accountant licensed or certified under ch. 442 certifying the school district audit.

SB70-AA1,665 Section 665. 230.10 (2) of the statutes is amended to read:

SB70-AA1,316,13 230.10 (2) The compensation plan in effect at the time that a representative is recognized or certified to represent employees in a collective bargaining unit and the employee salary and benefit provisions under s. 230.12 (3) (e) in effect at the time that a representative is certified to represent employees in a collective bargaining unit under subch. V of ch. 111 constitute the compensation plan or employee salary and benefit provisions for employees in the collective bargaining unit until a collective bargaining agreement becomes effective for that unit. If a collective bargaining agreement under subch. V of ch. 111 expires prior to the effective date of a subsequent agreement, and a representative continues to be recognized or certified to represent employees specified in s. 111.81 (7) (a) or (ag) or certified to represent employees specified in s. 111.81 (7) (ar) to (f) in that collective bargaining unit, the wage rates of the employees in such a unit shall be frozen until a subsequent agreement becomes effective, and the compensation plan under s. 230.12 and salary and benefit changes adopted under s. 230.12 (3) (e) do not apply to employees in the unit.

SB70-AA1,9214 Section 9214. Fiscal changes; Employment Relations Commission.

SB70-AA1,316,23 (1) Collective bargaining modifications. In the schedule under s. 20.005 (3) for the appropriation to the employment relations commission under s. 20.425 (1) (a), the dollar amount for fiscal year 2023-24 is increased by $214,700 to increase the authorized FTE positions by 2.0 GPR to implement expanded collective bargaining rights for state and local government employees. In the schedule under s. 20.005 (3) for the appropriation to the employment relations commission under s. 20.425 (1) (a), the dollar amount for fiscal year 2024-25 is increased by $283,000 to increase the authorized FTE positions by 2.0 GPR to implement expanded collective bargaining rights for state and local government employees.

SB70-AA1,9351 Section 9351. Initial applicability; Other.

SB70-AA1,317,16 (1) Collective bargaining; employee rights. The treatment of ss. 20.425 (1) (i), 20.505 (1) (ks), 20.921 (1) (a) 2., 40.51 (7) (a), 46.2895 (8) (a) 1., 109.03 (1) (b), 111.70 (1) (a), (f), (fd), (fm), (n), and (p), (3) (a) 3., 5., 6., and 9., (3g), (4) (bm) (title), (cg) (title), 1., 2., 3., 4., 5., 6. a., 7r. d., e., f., and h., and 8m., (d) 1., 2. a., and 3. a., b., and c., (mb) (intro.), (mbb), and (p), and (7m) (c) 1. a., 111.81 (1), (1d), (7) (ag), (8), (9), (9b), (9g), (12) (intro.), (12m), and (16), 111.815 (1), 111.817, 111.825 (1) (intro.), (3), and (5), 111.83 (1), (3) (a) and (b), and (4), 111.84 (1) (d) and (f) and (2) (c), 111.85 (1), (2), and (4), 111.86 (2), 111.88 (1), 111.90 (1) and (2), 111.91 (1w), (2) (intro.), (3) (intro.), (3q), and (4), 111.92 (3) (a) and (b), 111.93 (3) (a) and (b), 118.22 (4), 118.245 (1), 118.42 (3) (a) 4. and (5), 120.12 (15), 120.18 (1) (gm), and 230.10 (2), the renumbering of s. 111.70 (4) (bm), the renumbering and amendment of ss. 111.70 (2) and 111.82, and the creation of ss. 111.70 (2) (b) and (4) (bm) 2. and 111.82 (2) first apply to employees who are covered by a collective bargaining agreement under ch. 111 that contains provisions inconsistent with those sections on the day on which the agreement expires or is terminated, extended, modified, or renewed, whichever occurs first.”.

SB70-AA1,317,17 165. Page 374, line 11: after that line insert:

SB70-AA1,317,18 “ Section 666. 66.0509 (1m) (c) 1. of the statutes is amended to read:

SB70-AA1,317,20 66.0509 (1m) (c) 1. A grievance procedure that addresses employee terminations, employee discipline, and workplace safety.

SB70-AA1,667 Section 667. 66.0509 (1m) (c) 2. of the statutes is repealed and recreated to read:

SB70-AA1,317,24 66.0509 (1m) (c) 2. A just cause standard of review for employee terminations, including a refusal to renew a teaching contract under s. 118.22.

SB70-AA1,668 Section 668. 66.0509 (1m) (c) 3. of the statutes is repealed.

SB70-AA1,669 Section 669. 66.0509 (1m) (d) 2. of the statutes is amended to read:

SB70-AA1,318,4 66.0509 (1m) (d) 2. A hearing before an impartial hearing officer from the employment relations commission.

SB70-AA1,670 Section 670. 66.0509 (1m) (d) 4. and 5. of the statutes are created to read:

SB70-AA1,318,7 66.0509 (1m) (d) 4. A provision indicating that the grievant shall be entitled to representation throughout the grievance process.

SB70-AA1,318,10 5. A provision indicating that the employer shall bear all fees and costs associated with the grievance process, except for the grievant's representational fees and costs.

SB70-AA1,9214 Section 9214. Fiscal changes; Employment Relations Commission.

SB70-AA1,318,19 (1u) Local government employee grievance. In the schedule under s. 20.005 (3) for the appropriation to the employment relations commission under s. 20.425 (1) (a), the dollar amount for fiscal year 2023-24 is increased by $112,400 to increase the authorized FTE positions by 1.0 GPR hearing officer for local government employee grievances. In the schedule under s. 20.005 (3) for the appropriation to the employment relations commission under s. 20.425 (1) (a), the dollar amount for fiscal year 2024-25 is increased by $146,500 to increase the authorized FTE positions by 1.0 GPR hearing officer for local government employee grievances.”.

SB70-AA1,318,20 166. Page 374, line 11: after that line insert:

SB70-AA1,318,21 “ Section 671. 15.405 (6) (b) of the statutes is amended to read:

SB70-AA1,319,3 15.405 (6) (b) Three dental hygienists who are licensed under ch. 447. The governor shall, to the extent possible, appoint members under this paragraph so that at least one of the members under this paragraph is an individual who is also a dental therapist licensed under ch. 447. Notwithstanding s. 15.08 (1m) (a), the dental hygienist members under this paragraph may participate in the preparation and grading of licensing examinations for dental hygienists.

SB70-AA1,672 Section 672. 20.165 (1) (g) of the statutes is amended to read:

SB70-AA1,319,14 20.165 (1) (g) General program operations. The amounts in the schedule for the licensing, rule making rule-making, and regulatory functions of the department, other than the licensing, rule-making, and credentialing functions of the medical examining board and the affiliated credentialing boards attached to the medical examining board and except for preparing, administering, and grading examinations. Ninety percent of all All moneys received under chs. 440 to 480, except subchs. II and IV to IX of ch. 448, ch. 460 and ss. 440.03 (13), 440.05 (1) (b), 458.21, and 458.365, less $10 of each renewal fee received under s. 452.12 (5);, and all moneys transferred from the appropriation under par. (i); and all moneys received under s. 440.055 (2), shall be credited to this appropriation.

SB70-AA1,673 Section 673. 20.165 (1) (gm) of the statutes is amended to read:

SB70-AA1,319,18 20.165 (1) (gm) Applicant investigation reimbursement. Ninety percent of all All moneys received from applicants for credentials under s. 440.03 (13), for the purpose of conducting investigations under s. 440.03 (13).

SB70-AA1,674 Section 674. 20.165 (1) (hg) of the statutes is amended to read:

SB70-AA1,320,7 20.165 (1) (hg) General program operations; medical examining board; interstate medical licensure compact; prescription drug monitoring program. Biennially, the amounts in the schedule for the licensing, rule-making, and regulatory functions of the medical examining board and the affiliated credentialing boards attached to the medical examining board, except for preparing, administering, and grading examinations; for any costs associated with the interstate medical licensure compact under s. 448.980, including payment of assessments under s. 448.980 (13) (a); and for the controlled substances board's operation of the prescription drug monitoring program under s. 961.385. Ninety percent of all All moneys received for issuing and renewing credentials under subchs. II and IV to IX of ch. 448 shall be credited to this appropriation. All and ch. 460 and all moneys received from the interstate medical licensure compact commission under s. 448.980 shall be credited to this appropriation.

SB70-AA1,675 Section 675. 20.165 (1) (i) of the statutes is amended to read:

SB70-AA1,320,16 20.165 (1) (i) Examinations; general program operations. Ninety percent of all All moneys received under s. 440.05 (1) (b) for the purposes of preparing, administering, and grading examinations. Notwithstanding s. 20.001 (3) (c), any unencumbered balance in this appropriation account, excluding any amount specified by the secretary of administration that is reserved for the payment of future employee compensation or fringe benefit costs, at the end of each fiscal year which exceeds 30 percent of the estimated amount shown in the schedule under s. 20.005 for that fiscal year shall be transferred to the appropriation account under par. (g).

SB70-AA1,676 Section 676. 20.165 (1) (jm) of the statutes is amended to read:

SB70-AA1,320,25 20.165 (1) (jm) Nursing workforce survey administration. Biennially, the amounts in the schedule for administrative expenses related to distributing a nursing workforce survey to applicants for renewal of credentials nurse licensees under s. 441.01 (7). All moneys received from the fee under s. 441.01 (7) (a) 2. shall be credited to this appropriation account. Annually, there is transferred from this appropriation account to the appropriation account under s. 20.445 (1) (km) all moneys received from the fee under s. 441.01 (7) (a) 2. that are not appropriated to this appropriation account.

SB70-AA1,677 Section 677. 20.165 (1) (jr) of the statutes is amended to read:

SB70-AA1,321,6 20.165 (1) (jr) Proprietary school programs. The amounts in the schedule for the examination and approval of proprietary school programs under s. 440.52. Ninety percent of all All moneys received from the issuance of solicitor's permits under s. 440.52 (8) and from the fees under s. 440.52 (10) and all moneys received from the fees under s. 440.52 (13) (d) shall be credited to this appropriation account.

SB70-AA1,678 Section 678. 29.193 (1m) (a) 2. (intro.) of the statutes is amended to read:

SB70-AA1,321,12 29.193 (1m) (a) 2. (intro.) Has a permanent substantial loss of function in one or both arms or one or both hands and fails to meet the minimum standards of any one of the following standard tests, administered under the direction of a licensed physician, a licensed physician assistant, a licensed chiropractor, or a certified licensed advanced practice registered nurse prescriber:

SB70-AA1,679 Section 679. 29.193 (2) (b) 2. of the statutes is amended to read:

SB70-AA1,321,19 29.193 (2) (b) 2. An applicant shall submit an application on a form prepared and furnished by the department, which shall include a written statement or report prepared and signed by a licensed physician, a licensed physician assistant, a licensed chiropractor, a licensed podiatrist, or a certified licensed advanced practice registered nurse prescriber prepared no more than 6 months preceding the application and verifying that the applicant is physically disabled.

SB70-AA1,680 Section 680. 29.193 (2) (c) 3. of the statutes is amended to read:

SB70-AA1,322,7 29.193 (2) (c) 3. The department may issue a Class B permit to an applicant who is ineligible for a permit under subd. 1., 2. or 2m. or who is denied a permit under subd. 1., 2. or 2m. if, upon review and after considering the physical condition of the applicant and the recommendation of a licensed physician, a licensed physician assistant, a licensed chiropractor, a licensed podiatrist, or a certified licensed advanced practice registered nurse prescriber selected by the applicant from a list of licensed physicians, licensed physician assistants, licensed chiropractors, licensed podiatrists, and certified licensed advanced practice nurse prescribers registered nurses compiled by the department, the department finds that issuance of a permit complies with the intent of this subsection. The use of this review procedure is discretionary with the department and all costs of the review procedure shall be paid by the applicant.

SB70-AA1,681 Section 681. 29.193 (2) (cd) 2. b. of the statutes is amended to read: