AB50: Bill Text

AB50,977,2 111.83 (1) Except as provided in sub. (5), a representative chosen for the purposes of collective bargaining by at least 51 percent of the general employees in a collective bargaining unit shall be the exclusive representative of all of the employees in such unit for the purposes of collective bargaining. A representative chosen for the purposes of collective bargaining by a majority of the public safety employees voting in a collective bargaining unit shall be the exclusive representative of all of the employees in such unit for the purposes of collective bargaining. Any individual employee, or any minority group of employees in any collective bargaining unit, may present grievances to the employer in person, or through representatives of their own choosing, and the employer shall confer with the employee or group of employees in relation thereto if the majority representative has been afforded the opportunity to be present at the conference. Any adjustment resulting from such a conference may not be inconsistent with the conditions of employment established by the majority representative and the employer.

AB50,1866 Section 1866. 111.83 (3) (a) of the statutes is renumbered 111.83 (3).

AB50,1867 Section 1867. 111.83 (3) (b) of the statutes is repealed.

AB50,1868 Section 1868. 111.83 (4) of the statutes is amended to read:

AB50,977,14 111.83 (4) Whenever an election has been conducted under sub. (3) (a) in which the name of more than one proposed representative appears on the ballot and results in no conclusion, the commission may, if requested by any party to the proceeding within 30 days from the date of the certification of the results of the election, conduct a runoff election. In that runoff election, the commission shall drop from the ballot the name of the representative who received the least number of votes at the original election. The commission shall drop from the ballot the privilege of voting against any representative if the least number of votes cast at the first election was against representation by any named representative.

AB50,1869 Section 1869. 111.84 (1) (d) of the statutes is amended to read:

AB50,978,2 111.84 (1) (d) To refuse to bargain collectively on matters set forth in s. 111.91 (1), (1w), or (3), whichever is appropriate, with a representative of a majority of its employees in an appropriate collective bargaining unit. Where the employer has a good faith doubt as to whether a labor organization claiming the support of a majority of its employees in appropriate collective bargaining unit does in fact have that support, it may file with the commission a petition requesting an election as to that claim. It is not deemed to have refused to bargain until an election has been held and the results thereof certified to it by the commission. A violation of this paragraph includes, but is not limited to, the refusal to execute a collective bargaining agreement previously orally agreed upon.

AB50,1870 Section 1870. 111.84 (1) (f) of the statutes is amended to read:

AB50,978,12 111.84 (1) (f) To deduct labor organization dues from the earnings of a public safety employee or an employee who is in a collective bargaining unit containing a frontline worker, unless the employer has been presented with an individual order therefor, signed by the public safety employee personally, and terminable by at least the end of any year of its life or earlier by the public safety employee giving at least 30 but not more than 120 days’ written notice of such termination to the employer and to the representative labor organization, except if there is a fair-share or maintenance of membership agreement in effect. The employer shall give notice to the labor organization of receipt of such notice of termination.

AB50,1871 Section 1871. 111.84 (2) (c) of the statutes is amended to read:

AB50,978,22 111.84 (2) (c) To refuse to bargain collectively on matters set forth in s. 111.91 (1), (1w), 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) or (ag) 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) 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.

AB50,1872 Section 1872. 111.85 (1) of the statutes is amended to read:

AB50,979,10 111.85 (1) (a) No fair-share or maintenance of membership agreement covering public safety employees under this subchapter may become effective unless authorized by a referendum. The commission shall order a referendum whenever it receives a petition supported by proof that at least 30 percent of the public safety employees in a collective bargaining unit or at least 30 percent of the employees in a collective bargaining unit containing a frontline worker desire that a fair-share or maintenance of membership agreement be entered into between the employer and a labor organization. A petition may specify that a referendum is requested on a maintenance of membership agreement only, in which case the ballot shall be limited to that question.

AB50,979,21 (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.

AB50,980,13 (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.

AB50,980,20 (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.

AB50,1873 Section 1873. 111.85 (2) of the statutes is amended to read:

AB50,981,15 111.85 (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.

AB50,982,2 (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.

AB50,1874 Section 1874. 111.85 (4) of the statutes is amended to read:

AB50,982,7 111.85 (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.

AB50,1875 Section 1875. 111.86 (2) of the statutes is amended to read:

AB50,982,16 111.86 (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).

AB50,1876 Section 1876. 111.88 (1) of the statutes is amended to read:

AB50,983,5 111.88 (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.

AB50,1877 Section 1877. 111.90 (1) of the statutes is amended to read:

AB50,983,9 111.90 (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.

AB50,1878 Section 1878. 111.90 (2) of the statutes is amended to read:

AB50,983,13 111.90 (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.

AB50,1879 Section 1879. 111.91 (1w) of the statutes is created to read:

AB50,983,23 111.91 (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.

AB50,984,5 (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.

AB50,984,7 (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.

AB50,1880 Section 1880. 111.91 (2) (intro.) of the statutes is amended to read:

AB50,984,11 111.91 (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:

AB50,1881 Section 1881. 111.91 (3) (intro.) of the statutes is amended to read:

AB50,984,15 111.91 (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:

AB50,1882 Section 1882. 111.91 (3q) of the statutes is amended to read:

AB50,984,21 111.91 (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.

AB50,1883 Section 1883. 111.91 (4) of the statutes is amended to read:

AB50,985,8 111.91 (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.

AB50,1884 Section 1884. 111.92 (3) (a) of the statutes is amended to read:

AB50,985,12 111.92 (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.

AB50,1885 Section 1885. 111.92 (3) (b) of the statutes is amended to read:

AB50,985,18 111.92 (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.

AB50,1886 Section 1886. 111.93 (3) (a) of the statutes is amended to read:

AB50,986,6 111.93 (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.

AB50,1887 Section 1887. 111.93 (3) (b) of the statutes is amended to read:

AB50,986,14 111.93 (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.

AB50,1888 Section 1888. 114.09 (2) (bm) 1. (intro.) of the statutes is amended to read:

AB50,986,22 114.09 (2) (bm) 1. (intro.) Except as provided in subd. 1. a. or b., the court shall order the person violating sub. (1) (b) 1. or 1m. to submit to and comply with an assessment by an approved public treatment facility as defined in s. 51.45 (2) (c) for examination of the person’s use of alcohol, tetrahydrocannabinols, controlled substances, or controlled substance analogs and development of an airman safety plan for the person. The court shall notify the person, the department, and the proper federal agency of the assessment order. The assessment order shall:

AB50,1889 Section 1889. 114.09 (2) (bm) 4. of the statutes is amended to read:

AB50,987,12 114.09 (2) (bm) 4. The assessment report shall order compliance with an airman safety plan. The report shall inform the person of the fee provisions under s. 46.03 (18) (f). The safety plan may include a component that makes the person aware of the effect of his or her their offense on a victim and a victim’s family. The safety plan may include treatment for the person’s misuse, abuse, or dependence on alcohol, tetrahydrocannabinols, controlled substances, or controlled substance analogs. If the plan requires inpatient treatment, the treatment shall not exceed 30 days. An airman safety plan under this paragraph shall include a termination date consistent with the plan that shall not extend beyond one year. The county department under s. 51.42 shall assure notification of the department of transportation and the person of the person’s compliance or noncompliance with assessment and treatment.

AB50,1890 Section 1890. 115.28 (7) (a) of the statutes is amended to read:

AB50,988,7 115.28 (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 (3), 118.191, 118.1915, 118.192, 118.193, 118.194, 118.195, and 118.197, and 118.198; prescribe by rule standards, requirements, and procedures for the approval of teacher preparatory programs leading to licensure, including a requirement that, to be approved by the state superintendent, a teacher preparatory program shall demonstrate that it provides instruction that prepares teachers to teach reading and language arts using science-based early reading instruction, as defined in s. 118.015 (1c) (b), and does not provide instruction on teaching reading and language arts that incorporates 3-cueing, as defined in s. 118.015 (1c) (c), and 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.

AB50,1891 Section 1891. 115.28 (7) (b) of the statutes is amended to read:

AB50,988,19 115.28 (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 in 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.

AB50,1892 Section 1892. 115.28 (7) (cm) of the statutes is created to read:

AB50,988,24 115.28 (7) (cm) Consult with the department of workforce development to develop the teacher apprenticeship under s. 106.023 in a manner in which an individual who completes a teacher apprenticeship under s. 106.23 satisfies the requirements for a license to teach under s. 118.19 (6), (8), (9), and (12).

AB50,1893 Section 1893. 115.28 (29) of the statutes is created to read:

AB50,989,10 115.28 (29) Computer science education grants. Annually award grants to school boards to expand computer science educational opportunities in all grade levels operated by the school district. For purposes of awarding grants under this subsection, expanding computer science educational opportunities includes providing professional development, the application of programming or coding concepts or integration of computer science fundamentals into other subjects, and purchasing curricula and related materials. A school board may not use a grant under this subsection to purchase personal electronic computing devices, as defined in s. 115.438 (1) (b), computers, or computer hardware.

AB50,1894 Section 1894. 115.28 (30) (e) of the statutes is created to read:

AB50,989,13 115.28 (30) (e) Annually, identify one career and technical student organization for each education subject listed in par. (b).

AB50,1895 Section 1895. 115.28 (30) (f) of the statutes is created to read:

AB50,989,16 115.28 (30) (f) Annually, distribute to each career and technical student organization identified under par. (e) an amount determined as follows:

AB50,989,18 1. Determine the total number of pupils who were members of the career and technical student organizations identified under par. (e) in the previous school year.

AB50,989,21 2. For each career and technical student organization, divide the number of pupils who were members of that career and technical student organization in the previous school year by the total determined under subd. 1.

AB50,989,23 3. Multiply the quotient under subd. 2. by the amount appropriated under s. 20.255 (3) (ct) for the current fiscal year.

AB50,1896 Section 1896. 115.28 (63) (intro.) of the statutes is amended to read:

AB50,990,7 115.28 (63) Mental health training program. (intro.) Establish a mental health training support program under which the department provides 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), and individuals employed by an out-of-school-time program on evidence-based strategies related to addressing mental health needs and suicide prevention in schools, including all of the following:

AB50,1897 Section 1897. 115.28 (67) of the statutes is created to read:

AB50,990,14 115.28 (67) General educational development test fee payments. (a) Subject to pars. (b) and (c), from the appropriation under s. 20.255 (1) (fd), pay to GED Testing Service LLC, or its successor, the testing service fee for an eligible individual who takes a content area test given under the general educational development test. In this subsection, “eligible individual” means an individual who satisfies all of the following conditions before taking the content area test:

AB50,990,17 1. The individual meets the eligibility requirements promulgated by the department by rule for a high school equivalency diploma or certificate of general educational development.

AB50,990,19 2. The individual takes and receives a passing score on a practice test for the content area that is developed by GED Testing Service LLC, or its successor.

AB50,990,21 (b) For each eligible individual under par. (a), pay for no more than one testing service fee for each content area test taken in a calendar year.

AB50,991,2 (c) Pay the testing service fee for a content area test under par. (a) only if the eligible individual takes the test on or after January 1, 2026, at a testing site in this state that is approved by the state superintendent.

AB50,1898 Section 1898. 115.28 (68) of the statutes is created to read:

AB50,991,10 115.28 (68) Health emergencies in learning places; grants. Annually, from the appropriation under s. 20.255 (2) (bp), award grants to school boards, operators of charter schools, and governing bodies of private schools participating in a program under s. 115.7915, 118.60, or 119.23 to comply with requirements under ss. 118.07 (1) (b) and (6), 118.075 (4) (a) and (b), 118.60 (7) (g) 1. and 2. and 119.23 (7) (g) 1. and 2. A grant under this subsection may be used for any of the following:

AB50,991,11 (a) Automated external defibrillators.

AB50,991,12 (b) Automated external defibrillator maintenance.

AB50,991,13 (c) Cardiopulmonary resuscitation training supplies and materials.

AB50,991,15 (d) Cardiopulmonary resuscitation training for school personnel, including coaches, school nurses, and athletic trainers.

AB50,991,16 (e) First aid training and education materials.

AB50,991,18 (f) Other activities that promote preparedness for using cardiac emergency response plans in a school or athletic facility.

AB50,991,19 (g) Carbon monoxide detectors.

AB50,991,20 (h) Opioid antagonists.

AB50,1899 Section 1899. 115.28 (69) of the statutes is created to read:

AB50,992,2 115.28 (69) Mentor Greater Milwaukee. From the appropriation under s. 20.255 (3) (fw), award grants to Mentor Greater Milwaukee, Inc., to expand access to quality youth mentoring in Milwaukee County.

AB50,1900 Section 1900. 115.28 (70) of the statutes is created to read: