Amendment SSA1-AB68

AB68-SSA1,1921 Section 1921. 111.84 (2) (c) of the statutes is amended to read:

AB68-SSA1,916,3 111.84 (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.

AB68-SSA1,1922 Section 1922. 111.85 (1) of the statutes is amended to read:

AB68-SSA1,916,14 111.85 (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.

AB68-SSA1,916,25 (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.

AB68-SSA1,917,15 (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.

AB68-SSA1,917,22 (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.

AB68-SSA1,1923 Section 1923. 111.85 (2) of the statutes is amended to read:

AB68-SSA1,918,15 111.85 (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.

AB68-SSA1,918,25 (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, sex, sexual orientation, gender expression, as defined in s. 111.32 (7j), gender identity, as defined in s. 111.32 (7k), 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.

AB68-SSA1,1924 Section 1924. 111.85 (4) of the statutes is amended to read:

AB68-SSA1,919,5 111.85 (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.

AB68-SSA1,1925 Section 1925. 111.86 (2) of the statutes is amended to read:

AB68-SSA1,919,13 111.86 (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).

AB68-SSA1,1926 Section 1926. 111.88 (1) of the statutes is amended to read:

AB68-SSA1,919,25 111.88 (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.

AB68-SSA1,1927 Section 1927. 111.90 (1) of the statutes is amended to read:

AB68-SSA1,920,4 111.90 (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.

AB68-SSA1,1928 Section 1928. 111.90 (2) of the statutes is amended to read:

AB68-SSA1,920,8 111.90 (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.

AB68-SSA1,1929 Section 1929. 111.91 (1w) of the statutes is created to read:

AB68-SSA1,920,18 111.91 (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.

AB68-SSA1,920,23 (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.

AB68-SSA1,920,25 (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.

AB68-SSA1,1930 Section 1930. 111.91 (2) (intro.) of the statutes is amended to read:

AB68-SSA1,921,4 111.91 (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:

AB68-SSA1,1931 Section 1931. 111.91 (3) (intro.) of the statutes is amended to read:

AB68-SSA1,921,8 111.91 (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:

AB68-SSA1,1932 Section 1932. 111.91 (3q) of the statutes is amended to read:

AB68-SSA1,921,14 111.91 (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.

AB68-SSA1,1933 Section 1933. 111.91 (4) of the statutes is amended to read:

AB68-SSA1,921,24 111.91 (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.

AB68-SSA1,1934 Section 1934. 111.92 (3) (a) of the statutes is amended to read:

AB68-SSA1,922,3 111.92 (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.

AB68-SSA1,1935 Section 1935. 111.92 (3) (b) of the statutes is amended to read:

AB68-SSA1,922,8 111.92 (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.

AB68-SSA1,1936 Section 1936. 111.93 (3) (a) of the statutes is amended to read:

AB68-SSA1,922,19 111.93 (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.

AB68-SSA1,1937 Section 1937. 111.93 (3) (b) of the statutes is amended to read:

AB68-SSA1,923,2 111.93 (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.

AB68-SSA1,1938 Section 1938 . 114.09 (2) (bm) 1. (intro.) of the statutes is amended to read:

AB68-SSA1,923,10 114.09 (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:

AB68-SSA1,1939 Section 1939 . 114.09 (2) (bm) 4. of the statutes is amended to read:

AB68-SSA1,923,22 114.09 (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 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.

AB68-SSA1,1940 Section 1940. 114.138 of the statutes is created to read:

AB68-SSA1,923,25 114.138 Airport sound mitigation. (1) The department shall develop and administer an airport sound mitigation grant program.

AB68-SSA1,924,11 (2) From the appropriation under s. 20.395 (2) (da), the department shall award grants for airport sound mitigation projects that mitigate the impact of airport sound on structures located near airports that include a military base or installation. The department shall prescribe the form, nature, and extent of information that shall be contained in applications for grants under this subsection and shall establish criteria for evaluating applications and for awarding grants under this subsection. The department shall give highest priority in awarding grants under this subsection to projects involving schools and child care centers and secondary priority to projects involving private residences. A project that is eligible for participation in an airport sound mitigation project under a federal airport sound mitigation grant is not eligible for a grant under this subsection.

AB68-SSA1,924,13 (3) If the department does not receive an application for a grant under sub. (2) for 2 consecutive fiscal years, the program shall be terminated.

AB68-SSA1,1941 Section 1941. 115.28 (7) (b) of the statutes is amended to read:

AB68-SSA1,924,25 115.28 (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.

AB68-SSA1,1942 Section 1942. 115.28 (10m) of the statutes is repealed.

AB68-SSA1,1943 Section 1943. 115.28 (10o) of the statutes is repealed.

AB68-SSA1,1944 Section 1944. 115.28 (28) of the statutes is created to read:

AB68-SSA1,925,6 115.28 (28) Recollection Wisconsin. Annually distribute the amount appropriated under s. 20.255 (3) (dg) to Wisconsin Library Services, Inc., to support the digitization of historic materials in public libraries throughout the state.

AB68-SSA1,1945 Section 1945. 115.28 (45) of the statutes is amended to read:

AB68-SSA1,925,13 115.28 (45) Grants for bullying prevention. From the appropriation under s. 20.255 (3) (eb), beginning in the 2021-22 school year, annually award grants a grant to a the nonprofit organization, as defined in s. 108.02 (19), that received a grant under this subsection in the 2019-20 and 2020-21 school years to provide training and an online bullying prevention curriculum for pupils in grades kindergarten to 8.

AB68-SSA1,1946 Section 1946. 115.28 (54s) of the statutes is created to read:

AB68-SSA1,925,20 115.28 (54s) Climate change; model academic standards. If the state superintendent adopts model academic standards for any of the following subjects, incorporate an understanding of climate, the interconnected nature of climate change, the potential local and global impacts of climate change, and individual and societal actions that may mitigate the harmful effects of climate change into the model academic standards for that subject:

AB68-SSA1,925,21 (a) Science.

AB68-SSA1,925,22 (b) Mathematics.

AB68-SSA1,925,23 (c) Social studies.

AB68-SSA1,925,24 (d) English language arts.

AB68-SSA1,925,25 (e) Agriculture.

AB68-SSA1,926,1 (f) Food and natural resources.

AB68-SSA1,926,2 (g) Environmental literacy and sustainability.

AB68-SSA1,926,3 (h) Nutrition education.

AB68-SSA1,1947 Section 1947. 115.28 (63) (d) of the statutes is created to read:

AB68-SSA1,926,5 115.28 (63) (d) Social and emotional learning.

AB68-SSA1,1948 Section 1948. 115.28 (66) of the statutes is created to read:

AB68-SSA1,926,12 115.28 (66) General educational development test fee payments. (a) Subject to pars. (b) and (c), from the appropriation under s. 20.255 (3) (bm), pay to GED Testing Service LLC the $30 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:

AB68-SSA1,926,15 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.

AB68-SSA1,926,17 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.

AB68-SSA1,926,19 (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.

AB68-SSA1,926,22 (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, 2022, at a testing site in Wisconsin that is approved by the state superintendent.

AB68-SSA1,1949 Section 1949. 115.28 (67) of the statutes is created to read:

AB68-SSA1,927,2 115.28 (67) Report on homeless children and youths. Annually, submit to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), a report on the number of homeless children and youths, as defined in 42 USC 11434a (2), in the public schools of this state.

AB68-SSA1,1950 Section 1950. 115.28 (68) of the statutes is created to read:

AB68-SSA1,927,6 115.28 (68) City Year Milwaukee. Annually distribute the amounts appropriated under s. 20.255 (3) (fv) to City Year, Inc., to support City Year Milwaukee.

AB68-SSA1,1951 Section 1951 . 115.28 (69) of the statutes is created to read:

AB68-SSA1,927,11 115.28 (69) The Literacy Lab. Annually distribute the amounts appropriated under s. 20.255 (3) (fs) to The Literacy Lab, a Virginia nonstock corporation, to provide evidence-based literacy interventions to pupils in prekindergarten to 3rd grade in this state.

AB68-SSA1,1952 Section 1952 . 115.341 of the statutes is amended to read:

AB68-SSA1,927,22 115.341 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.

AB68-SSA1,928,2 (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).

AB68-SSA1,1953 Section 1953. 115.341 (3) of the statutes is created to read:

AB68-SSA1,928,10 115.341 (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.

AB68-SSA1,1954 Section 1954. 115.342 of the statutes is created to read:

AB68-SSA1,928,12 115.342 Supplemental nutrition aid. (1) Definitions. In this section:

AB68-SSA1,928,17 (a) “Educational agency” means a school board, an operator of a charter school under s. 118.40 (2r) or (2x), a private school, a tribal school, an 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.

AB68-SSA1,928,19 (b) “Eligible pupil” means a pupil who satisfies the income eligibility criteria for a reduced-price lunch under 42 USC 1758 (b) (1) (A).