AB43: Bill Text

AB43,,5362 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.

AB43,2007 Section 2007. 111.85 (1) of the statutes is amended to read:

AB43,,5364 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.

AB43,,5365 (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.

AB43,,5366 (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.

AB43,,5367 (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.

AB43,2008 Section 2008. 111.85 (2) of the statutes is amended to read:

AB43,,5369 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.

AB43,,5370 (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.

AB43,2009 Section 2009. 111.85 (4) of the statutes is amended to read:

AB43,,5372 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.

AB43,2010 Section 2010. 111.86 (2) of the statutes is amended to read:

AB43,,5374 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).

AB43,2011 Section 2011. 111.88 (1) of the statutes is amended to read:

AB43,,5376 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.

AB43,2012 Section 2012. 111.90 (1) of the statutes is amended to read:

AB43,,5378 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.

AB43,2013 Section 2013. 111.90 (2) of the statutes is amended to read:

AB43,,5380 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.

AB43,2014 Section 2014. 111.91 (1w) of the statutes is created to read:

AB43,,5382 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.

AB43,,5383 (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.

AB43,,5384 (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.

AB43,2015 Section 2015. 111.91 (2) (intro.) of the statutes is amended to read:

AB43,,5386 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:

AB43,2016 Section 2016. 111.91 (3) (intro.) of the statutes is amended to read:

AB43,,5388 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:

AB43,2017 Section 2017. 111.91 (3q) of the statutes is amended to read:

AB43,,5390 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.

AB43,2018 Section 2018. 111.91 (4) of the statutes is amended to read:

AB43,,5392 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.

AB43,2019 Section 2019. 111.92 (3) (a) of the statutes is amended to read:

AB43,,5394 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.

AB43,2020 Section 2020. 111.92 (3) (b) of the statutes is amended to read:

AB43,,5396 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.

AB43,2021 Section 2021. 111.93 (3) (a) of the statutes is amended to read:

AB43,,5398 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.

AB43,2022 Section 2022. 111.93 (3) (b) of the statutes is amended to read:

AB43,,5400 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.

AB43,2023 Section 2023. 114.09 (2) (bm) 1. (intro.) of the statutes is amended to read:

AB43,,5402 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:

AB43,2024 Section 2024. 114.09 (2) (bm) 4. of the statutes is amended to read:

AB43,,5404 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.

AB43,2025 Section 2025. 115.28 (7) (b) of the statutes is amended to read:

AB43,,5406 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.

AB43,2026 Section 2026. 115.28 (28) of the statutes is created to read:

AB43,,5408 115.28 (28) Recollection Wisconsin. Annually distribute the amount appropriated under s. 20.255 (3) (s) to Wisconsin Library Services, Inc., to support the digitization of historic materials in public libraries throughout the state.

AB43,2027 Section 2027. 115.28 (29) of the statutes is created to read:

AB43,,5410 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.

AB43,2028 Section 2028. 115.28 (45) of the statutes is amended to read:

AB43,,5412 115.28 (45) Grants for bullying prevention. From the appropriation under s. 20.255 (3) (eb), award grants to a nonprofit organization, as defined in s. 108.02 (19), to provide training and an online bullying prevention curriculum for pupils in grades kindergarten to 8 12.

AB43,2029 Section 2029. 115.28 (63) (intro.) of the statutes is amended to read:

AB43,,5414 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, as defined in s. 115.449 (1), on evidence-based strategies related to addressing mental health needs and suicide prevention in schools, including all of the following:

AB43,2030 Section 2030. 115.28 (66) of the statutes is created to read:

AB43,,5416 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:

AB43,,5417 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.

AB43,,5418 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.

AB43,,5419 (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.

AB43,,5420 (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, 2024, at a testing site in this state that is approved by the state superintendent.

AB43,2031 Section 2031. 115.28 (67) of the statutes is created to read:

AB43,,5422 115.28 (67) Seal of biliteracy. From the appropriation under s. 20.255 (1) (fc), annually award grants to reimburse school boards and charter schools established under s. 118.40 (2r) or (2x) for the costs of assessments required for pupils to be eligible for a state seal of biliteracy under s. 115.29 (9) and costs related to training instructional staff to conduct the assessments.

AB43,2032 Section 2032. 115.28 (68) of the statutes is created to read:

AB43,,5424 115.28 (68) Graduation Alliance. Annually distribute the amounts appropriated under s. 20.255 (3) (fv) to Graduation Alliance, Inc., a Utah corporation, to support pupils and their families through a coaching program designed to improve school engagement and academic performance known as Engage Wisconsin.

AB43,2033 Section 2033. 115.28 (69) of the statutes is created to read:

AB43,,5426 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.

AB43,2034 Section 2034. 115.28 (70) of the statutes is created to read:

AB43,,5428 115.28 (70) Reach Out and Read. Annually distribute the amounts appropriated under s. 20.255 (3) (ft) to Reach Out and Read, Inc., a Massachusetts nonstock corporation, for the early literacy program operated in this state by its affiliate, known as Reach Out and Read Wisconsin.

AB43,2035 Section 2035. 115.28 (71) of the statutes is created to read:

AB43,,5430 115.28 (71) The Literacy Lab. Annually distribute the amounts appropriated under s. 20.255 (3) (fs) to The Literacy Lab, a Virginia nonstock corporation, to provide an evidence-based literacy intervention program in public schools located in the cities of Milwaukee and Racine.

AB43,2036 Section 2036. 115.28 (72) of the statutes is created to read:

AB43,,5432 115.28 (72) Financial literacy curriculum grant program. Award grants to school boards and charter schools established under s. 118.40 (2r) or (2x) for the purpose of developing, implementing, or improving financial literacy curricula. In awarding grants under this subsection, the state superintendent shall prioritize grant applications related to innovative financial literacy curricula, as determined by the state superintendent.

AB43,2037 Section 2037. 115.29 (9) of the statutes is created to read:

AB43,,5434 115.29 (9) State seal of biliteracy. Establish a state seal of biliteracy to recognize high school pupils who demonstrate through various assessments advanced achievement in bilingualism, biliteracy, and sociocultural competence.

AB43,2038 Section 2038. 115.341 of the statutes is amended to read:

AB43,,5436 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.

AB43,,5437 (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).

AB43,2039 Section 2039. 115.341 (3) of the statutes is created to read:

AB43,,5439 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 breakfast 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.

AB43,2040 Section 2040. 115.3415 of the statutes is created to read:

AB43,,5441 115.3415 Supplemental nutrition aid. (1) Definitions. In this section:

AB43,,5442 (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.

AB43,,5443 (b) “Eligible pupil” means a pupil who satisfies the income eligibility criteria for a reduced-price lunch under 42 USC 1758 (b) (1).

AB43,,5444 (c) “Federal school breakfast program” means the program under 42 USC 1773.

AB43,,5445 (d) “Federal school lunch program” means the program under 42 USC 1751 to 1769j.

AB43,,5446 (e) “Free-meal reimbursement amount” means the reimbursement amount in the previous school year for a school meal provided to a pupil who satisfies the income eligibility for a free lunch under the federal school lunch program.

AB43,,5447 (f) “Ineligible pupil” means a pupil who does not satisfy the income eligibility criteria for a free or reduced-price lunch under 42 USC 1758 (b) (1).

AB43,,5448 (g) “Paid-meal reimbursement amount” means the reimbursement amount in the previous school year for a school meal provided to an ineligible pupil.

AB43,,5449 (h) “Reduced-price-meal reimbursement amount” means the reimbursement amount in the previous school year for a school meal provided to an eligible pupil.

AB43,,5450 (i) “Reimbursement amount” means the national average payment rate for a school meal, as announced by the food and nutrition service of the federal department of agriculture in the federal register.