Amendment SA116-AB150

AB150-SA116,43,3 "(d) 1. Except as provided in subd. 3., no state agency may commence an action or proceeding under federal".

AB150-SA116,43,4 331. Page 1221, line 13: delete "state".

AB150-SA116,43,6 332. Page 1221, line 16: delete "No" and substitute "Except as provided in subd. 3., no".

AB150-SA116,43,7 333. Page 1221, line 19: after that line insert:

AB150-SA116,43,12 "3. If the department of transportation is named as a defendant or a respondent in an action or proceeding under federal law to require remedial action, or to recover the costs of remedying environmental pollution, related to the use of high-volume industrial waste in a highway improvement that satisfies the requirements under par. (a), the department of transportation may do any of the following:

AB150-SA116,43,15 a. Commence an action or proceeding under federal or state law to require remedial action, or to recover the costs of remedying environmental pollution, related to the use of high-volume industrial waste in that highway improvement.

AB150-SA116,43,18 b. Commence an action or proceeding to enforce any stipulation, agreement or judgment resulting from an action or proceeding described in this subdivision.".

AB150-SA116,43,19 334. Page 1222, line 1: delete lines 1 to 15.

AB150-SA116,43,21 335. Page 1222, line 22: delete the material beginning with that line and ending with page 1224, line 25.

AB150-SA116,43,23 336. Page 1225, line 7: delete the material beginning with that line and ending with page 1232, line 9, and substitute:

AB150-SA116,43,24 " Section 3526m. 85.26 of the statutes is renumbered 106.26.".

AB150-SA116,44,1 337. Page 1234, line 13: delete lines 13 to 18.

AB150-SA116,44,2 338. Page 1248, line 16: before "costs" insert "reasonable and necessary".

AB150-SA116,44,3 339. Page 1248, line 17: before "expenses" insert "reasonable and necessary".

AB150-SA116,44,4 340. Page 1309, line 11: after that line insert:

AB150-SA116,44,5 " Section 3753m. 103.49 (2) of the statutes is amended to read:

AB150-SA116,45,7 103.49 (2) Any contract hereafter made for the erection, construction, remodeling or repairing of any public building or for any other project of public works, except contracts for the construction or maintenance of public highways and bridges, to which the state, any department thereof or , any public building corporation or the University of Wisconsin Hospitals and Clinics Authority is a party shall contain a stipulation that no laborer, workman or mechanic employed directly upon the site of the work by the contractor or by any subcontractor, agent or other person, doing or contracting to do all or a part of the work, shall be permitted to work a greater number of hours per day or per calendar week than the prevailing hours of labor determined pursuant to this section, except that any such laborer, workman or mechanic may be permitted or required to work more than such prevailing number of hours per day and per calendar week if he is paid for all hours in excess of the prevailing hours at a rate of at least 1-1/2 times his hourly basic rate of pay; nor shall he be paid less than the prevailing wage rate in the same or most similar trade or occupation in the area wherein such public building or project of public works is situated; nor shall this section apply to wage rates and hours of employment of laborers, workmen or mechanics engaged in the processing or manufacture of materials or products or to the delivery thereof by or for commercial establishments which have a fixed place of business from which they regularly supply such processed or manufactured materials or products; except that this section shall apply to laborers, workmen or mechanics who deliver mineral aggregate such as sand, gravel or stone which is incorporated into the work under the contract by depositing the material substantially in place, directly or through spreaders, from the transporting vehicle. The prevailing wage rates, prevailing hours of labor, and hourly basic rates of pay determined pursuant to this section shall be set forth specifically in the contract.

AB150-SA116, s. 3753p Section 3753p. 103.49 (4) of the statutes is amended to read:

AB150-SA116,45,22 103.49 (4) Any officer or employe of the state or of the University of Wisconsin Hospitals and Clinics Authority who publishes any specifications or executes any contract for the erection, construction, remodeling or repairing of any public building or of any other project of public works as defined in sub. (2), to which the state, any department thereof or, any public building corporation or the University of Wisconsin Hospitals and Clinics Authority is a party without complying with this section and any contractor, subcontractor or agent thereof who, after executing a contract in compliance with this section, pays to any laborer, workman or mechanic employed directly upon the site of the work in his or their employ a lesser wage for work done under such contract than the prevailing wage rate as set forth in the contract shall be fined not more than $200, or imprisoned for not more than 6 months, or both. Such agent or subcontractor shall furnish to the contractor evidence of compliance with this section. Each day any violation of this subsection continues shall be deemed a separate offense.

AB150-SA116, s. 3753r Section 3753r. 103.49 (7) (a) of the statutes is amended to read:

AB150-SA116,46,14 103.49 (7) (a) Except as provided under pars. (b) and (c), the department shall distribute to all state agencies, as defined in s. 20.001 (1), and to the University of Wisconsin Hospitals and Clinics Authority a list of persons whom the department has found to have failed to pay the prevailing wage rate determined under sub. (1) or to have paid less than 1.5 times the hourly basic rate of pay for hours worked on a project in excess of the prevailing hours determined under sub. (1) at any time in the preceding 3 years. The department shall include with any such name the address of such person and shall specify when and how such person has failed to pay the prevailing wage rate determined under this subsection and when and how such person has failed to pay less than 1.5 times the hourly basic rate of pay for hours worked on a project in excess of the prevailing hours of labor determined under this subsection. No state agency may A state agency or the University of Wisconsin Hospitals and Clinics Authority may not award any contract to such person unless otherwise recommended by the department or unless 3 years have elapsed from the date the department issued its findings or date of final determination by a court of competent jurisdiction, whichever is later.".

AB150-SA116,46,16 341. Page 1316, line 18: delete the material beginning with that line and ending with page 1317, line 2.

AB150-SA116,46,17 342. Page 1318, line 16: delete lines 16 to 18.

AB150-SA116,46,18 343. Page 1334, line 16: delete "and (n)".

AB150-SA116,46,20 344. Page 1339, line 19: in lines 19 and 20, delete "municipal employes of a county or".

AB150-SA116,46,22 345. Page 1339, line 22: delete the material beginning with that line and ending with page 1340, line 15.

AB150-SA116,46,24 346. Page 1340, line 20: delete the material beginning with that line and ending with page 1341, line 2.

AB150-SA116,47,1 347. Page 1341, line 7: delete lines 7 to 11.

AB150-SA116,47,3 348. Page 1341, line 19: delete the material beginning with that line and ending with page 1343, line 19.

AB150-SA116,47,4 349. Page 1345, line 7: delete "subd. 7" and substitute "subds. 7., 7g. and 7r".

AB150-SA116,47,8 350. Page 1346, line 2: after the comma insert "the municipal employer may implement the qualified economic offer. On the 90th day prior to expiration of the period included within the qualified economic offer, if no agreement exists on that day,".

AB150-SA116,47,9 351. Page 1346, line 8: after the comma insert "on and after that 90th day,".

AB150-SA116,47,13 352. Page 1346, line 8: in lines 8 and 9, delete "unilaterally implements the terms of a stipulation under this subdivision" and substitute: "refuses to bargain collectively with respect to the terms of that stipulation, applicable to the 90-day period prior to expiration of the period included within the qualified economic offer,".

AB150-SA116,47,15 353. Page 1346, line 10: after the 2nd comma insert "during the 90-day period prior to expiration of the period included within a qualified economic offer,".

AB150-SA116,47,16 354. Page 1350, line 22: delete lines 22 to 24 and substitute:

AB150-SA116,47,23 "7. `Factor given greatest weight.' In making any decision under the arbitration procedures authorized by this paragraph, the arbitrator or arbitration panel shall consider and shall give the greatest weight to any state law or directive lawfully issued by a state legislative or administrative officer, body or agency which places limitations on expenditures that may be made or revenues that may be collected by a municipal employer. The arbitrator or arbitration panel shall give an accounting of the consideration of this factor in the arbitrator's or panel's decision.

AB150-SA116,48,4 7g. `Factor given greater weight.' In making any decision under the arbitration procedures authorized by this paragraph, the arbitrator or arbitration panel shall consider and shall give greater weight to economic conditions in the jurisdiction of the municipal employer than to any of the factors specified in subd. 7r.

AB150-SA116,48,7 7r. `Other factors considered.' In making any decision under the arbitration procedures authorized by this paragraph, the arbitrator or arbitration panel shall also give weight to the following factors:".

AB150-SA116,48,8 355. Page 1351, line 21: delete lines 21 to 23.

AB150-SA116,48,10 356. Page 1354, line 21: in lines 21 and 22, delete "municipal employes of any county or".

AB150-SA116,48,11 357. Page 1357, line 13: delete lines 13 to 17.

AB150-SA116,48,12 358. Page 1357, line 18: delete lines 18 to 22 and substitute:

AB150-SA116,48,14 "6. Solicitation of sealed bids for the provision of group health care benefits for school district professional employes as provided in s. 120.12 (24).".

AB150-SA116,48,16 359. Page 1360, line 9: in lines 9 and 10, delete "municipal employes of any county or".

AB150-SA116,48,17 360. Page 1363, line 4: delete lines 4 to 17 and substitute:

AB150-SA116,48,19 " Section 3803um. 111.71 (3) of the statutes, as affected by 1993 Wisconsin Act 16, is repealed.".

AB150-SA116,48,20 361. Page 1364, line 14: delete ", (ce)".

AB150-SA116,48,22 362. Page 1379, line 21: delete the material beginning with that line and ending with page 1384, line 14.

AB150-SA116,48,23 363. Page 1389, line 1: delete lines 1 to 3.

AB150-SA116,49,1 364. Page 1395, line 25: delete that line and substitute:

AB150-SA116,49,2 " Section 3878m. 115.375 (2) (a) 2. of the statutes is amended to read:

AB150-SA116,49,7 115.375 (2) (a) 2. "Public agency" means a county, city, village, town, public inland lake protection and rehabilitation district, or school district or cooperative educational service agency or an agency of this state or of a county, city, village, town, public inland lake protection and rehabilitation district, or school district or cooperative educational service agency.

AB150-SA116, s. 3879 Section 3879. 115.375 (2) (b) of the statutes is amended to read:

AB150-SA116,49,16 115.375 (2) (b) From the appropriations under s. 20.255 (1) (cp), (jr) and (r) (2) (ee) and (ra), the board shall award grants to corporations and public agencies for the development, dissemination and presentation of environmental education programs. Programs shall be funded on an 18-month basis. The board may not award a grant unless the grant recipient matches at least 25% of the amount of the grant. Private funds and in-kind contributions may be applied to meet the matching requirement. Grants under this paragraph may not be used to replace funding available from other sources.

AB150-SA116, s. 3880 Section 3880. 115.375 (2) (c) of the statutes is amended to read:

AB150-SA116,49,23 115.375 (2) (c) The board shall promulgate rules establishing the criteria and procedures for the awarding of grants for programs and projects under par. (b). The board shall use the priorities established under sub. (1) for awarding grants if the amount in the appropriations under s. 20.255 (1) (cp), (jr) and (r) (2) (ee) and (ra) in any fiscal year is insufficient to fund all applications under this subsection. The department shall assist the board in administering this section.".

AB150-SA116,49,24 365. Page 1400, line 4: delete lines 4 to 10.

AB150-SA116,50,1 366. Page 1401, line 22: delete the underscored material.

AB150-SA116,50,2 367. Page 1411, line 8: delete lines 8 and 9.

AB150-SA116,50,4 368. Page 1414, line 20: delete the material beginning with that line and ending with page 1415, line 2.

AB150-SA116,50,5 369. Page 1415, line 4: delete lines 4 to 9.

AB150-SA116,50,6 370. Page 1415, line 10: delete "(1) and"; and substitute "is" for "are".

AB150-SA116,50,7 371. Page 1415, line 11: delete lines 11 to 19.

AB150-SA116,50,8 372. Page 1415, line 20: before "(2)" insert "118.20".

AB150-SA116,50,9 373. Page 1415, line 22: delete "or contracting with".

AB150-SA116,50,10 374. Page 1417, line 4: delete lines 4 to 8 and substitute:

AB150-SA116,50,11 " Section 3957. 118.24 (1) of the statutes is amended to read:

AB150-SA116,50,16 118.24 (1) A school board may employ a school district administrator, a business manager and school principals and assistants to such persons. The term of each employment contract shall expire on June 30 of an odd-numbered year and may not exceed 2 years. A contract for a term of 2 years may provide for one or more extensions of one year each.".

AB150-SA116,50,17 375. Page 1418, line 9: delete lines 9 to 16 and substitute:

AB150-SA116,50,18 " Section 3960. 118.24 (8) of the statutes is amended to read:

AB150-SA116,51,3 118.24 (8) Personnel administrators and supervisors, curriculum administrators and assistants to such administrative personnel, when employed by the school board of any school district to perform administrative duties only, may be employed for a term that expires on June 30 of an odd-numbered year and that does not exceed 2 years. The term shall coincide with the state fiscal biennium A contract for a term of 2 years may provide for one or more extensions of one year each. Subsections (5) to (7) are applicable to such persons when they are employed to perform administrative duties only.".

AB150-SA116,51,4 376. Page 1418, line 16: after that line insert:

AB150-SA116,51,5 " Section 3961ai. 118.245 (1) of the statutes is amended to read:

AB150-SA116,51,6 118.245 (1) In this section, "professional:

AB150-SA116,51,12 (a) "Nonrepresented professional employe" means a school district an employe who holds a license issued by the state superintendent under s. 115.28 (7), whose employment requires that license, is a professional employe as defined in s. 111.70 (1) (L), who is employed to perform services for a school district and who whose position is not included in a collective bargaining unit for which a representative is recognized or certified under subch. IV of ch. 111.

AB150-SA116, s. 3962 Section 3962. 118.245 (1) (b) of the statutes is created to read:

AB150-SA116,51,15 118.245 (1) (b) "Represented professional employe" has the meaning given for "school district professional employe" in s. 111.70 (1) (ne).".

AB150-SA116,51,16 377. Page 1418, line 19: after "its" insert "nonrepresented".

AB150-SA116,51,17 378. Page 1418, line 25: after "its" insert "nonrepresented".

AB150-SA116,51,21 379. Page 1419, line 1: after "including" insert: " or the average total percentage increased cost per employe of compensation and fringe benefits provided to its represented professional employes during the 12-month period ending on June 30 preceding the date that the increase becomes effective, whichever is greater".

AB150-SA116,52,2 380. Page 1419, line 17: after "increase" insert: " . For purposes of this subsection, the average total percentage increased cost per employe of the compensation provided by a school district to its represented professional employes shall be determined in accordance with the method prescribed by the employment relations commission under s. 111.70 (4) (cm) 8s".

AB150-SA116,52,4 381. Page 1419, line 20: delete "professional employe" and substitute "nonrepresented professional employe or represented professional employe".

AB150-SA116,52,6 382. Page 1419, line 24: delete the material beginning with that line and ending with page 1420, line 4.

AB150-SA116,52,7 383. Page 1426, line 11: on lines 11 and 12, restore the stricken material.

AB150-SA116,52,8 384. Page 1432, line 24: delete "(23)" and substitute "(23) (24)".

AB150-SA116,52,9 385. Page 1433, line 2: after that line insert:

AB150-SA116,52,10 " Section 3998. 119.18 (1) of the statutes is renumbered 119.18 (1r).

AB150-SA116, s. 3999 Section 3999. 119.18 (1g) of the statutes is created to read:

AB150-SA116,52,14 119.18 (1g) Generally. The board may do all things reasonable to promote the cause of education, including establishing, providing and improving school district programs, functions and activities for the benefit of pupils.".