Amendment AA1-SB70

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:

SB70-AA1,322,14 29.193 (2) (cd) 2. b. The person has a permanent substantial loss of function in one or both arms and fails to meet the minimum standards of the standard upper extremity pinch test, the standard grip test, or the standard nine-hole peg test, 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-AA1,682 Section 682. 29.193 (2) (cd) 2. c. of the statutes is amended to read:

SB70-AA1,322,20 29.193 (2) (cd) 2. c. The person has a permanent substantial loss of function in one or both shoulders and fails to meet the minimum standards of the standard shoulder strength test, 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-AA1,683 Section 683. 29.193 (2) (e) of the statutes is amended to read:

SB70-AA1,323,6 29.193 (2) (e) Review of decisions. An applicant denied a permit under this subsection, except a permit under par. (c) 3., may obtain a review of that decision by a licensed physician, a licensed physician assistant, a licensed chiropractor, a licensed podiatrist, or a certified licensed advanced practice registered nurse prescriber designated by the department and with an office located in the department district in which the applicant resides. The department shall pay for the cost of a review under this paragraph unless the denied application on its face fails to meet the standards set forth in par. (c) 1. or 2. A review under this paragraph is the only method of review of a decision to deny a permit under this subsection and is not subject to further review under ch. 227.

SB70-AA1,684 Section 684. 29.193 (3) (a) of the statutes is amended to read:

SB70-AA1,323,11 29.193 (3) (a) Produces a certificate from a licensed physician, a licensed physician assistant, a licensed optometrist, or a certified licensed advanced practice registered nurse prescriber stating that his or her sight is impaired to the degree that he or she cannot read ordinary newspaper print with or without corrective glasses.

SB70-AA1,685 Section 685. 46.03 (44) of the statutes is amended to read:

SB70-AA1,323,22 46.03 (44) Sexually transmitted disease treatment information. Prepare and keep current an information sheet to be distributed to a patient by a physician, a physician assistant, or certified an advanced practice registered nurse prescriber who may issue prescription orders under s. 441.09 (2) providing expedited partner therapy to that patient under s. 441.092, 448.035 , or 448.9725. The information sheet shall include information about sexually transmitted diseases and their treatment and about the risk of drug allergies. The information sheet shall also include a statement advising a person with questions about the information to contact his or her physician, advanced practice registered nurse, pharmacist, or local health department, as defined in s. 250.01 (4).

SB70-AA1,686 Section 686. 50.01 (1b) of the statutes is repealed.

SB70-AA1,687 Section 687. 50.08 (2) of the statutes is amended to read:

SB70-AA1,324,5 50.08 (2) A physician, an advanced practice registered nurse prescriber certified who may issue prescription orders under s. 441.16 441.09 (2), or a physician assistant who prescribes a psychotropic medication to a nursing home resident who has degenerative brain disorder shall notify the nursing home if the prescribed medication has a boxed warning under 21 CFR 201.57.

SB70-AA1,688 Section 688. 50.09 (1) (a) (intro.) of the statutes is amended to read:

SB70-AA1,324,14 50.09 (1) (a) (intro.) Private and unrestricted communications with the resident's family, physician, physician assistant, advanced practice registered nurse prescriber, attorney, and any other person, unless medically contraindicated as documented by the resident's physician, physician assistant, or advanced practice registered nurse prescriber in the resident's medical record, except that communications with public officials or with the resident's attorney shall not be restricted in any event. The right to private and unrestricted communications shall include, but is not limited to, the right to:

SB70-AA1,689 Section 689. 50.09 (1) (f) 1. of the statutes is amended to read:

SB70-AA1,324,20 50.09 (1) (f) 1. Privacy for visits by spouse or domestic partner. If both spouses or both domestic partners under ch. 770 are residents of the same facility, the spouses or domestic partners shall be permitted to share a room unless medically contraindicated as documented by the resident's physician, physician assistant, or advanced practice registered nurse prescriber in the resident's medical record.

SB70-AA1,690 Section 690. 50.09 (1) (h) of the statutes is amended to read:

SB70-AA1,324,25 50.09 (1) (h) Meet with, and participate in activities of social, religious, and community groups at the resident's discretion, unless medically contraindicated as documented by the resident's physician, physician assistant, or advanced practice registered nurse prescriber in the resident's medical record.

SB70-AA1,691 Section 691. 50.09 (1) (k) of the statutes is amended to read:

SB70-AA1,325,13 50.09 (1) (k) Be free from mental and physical abuse, and be free from chemical and physical restraints except as authorized in writing by a physician, physician assistant, or advanced practice registered nurse prescriber for a specified and limited period of time and documented in the resident's medical record. Physical restraints may be used in an emergency when necessary to protect the resident from injury to himself or herself or others or to property. However, authorization for continuing use of the physical restraints shall be secured from a physician, physician assistant, or advanced practice registered nurse prescriber within 12 hours. Any use of physical restraints shall be noted in the resident's medical records. “ Physical restraints" includes, but is not limited to, any article, device, or garment that interferes with the free movement of the resident and that the resident is unable to remove easily, and confinement in a locked room.

SB70-AA1,692 Section 692. 50.36 (3s) of the statutes is created to read:

SB70-AA1,325,20 50.36 (3s) The department shall require a hospital that provides emergency services to have sufficient qualified personnel at all times to manage the number and severity of emergency department cases anticipated by the location. At all times, a hospital that provides emergency services shall have on-site at least one physician who, through education, training, and experience, specializes in emergency medicine.

SB70-AA1,693 Section 693. 50.49 (1) (b) (intro.) of the statutes is amended to read: