Current law provides that a pupil may be suspended from school for noncompliance with school rules, or for knowingly conveying any threat or false information concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives, or for conduct while at school or while under the supervision of a school authority that endangers the property, health or safety of others, or for conduct while not at school or while not under the supervision of a school authority that endangers the property, health or safety of others at school or under the supervision of a school authority or endangers the property, health or safety of any employe or school board member of the school district in which the pupil is enrolled.
A school board may expel a pupil from school if it finds that the pupil engaged in any of the conduct described above or finds the pupil guilty of repeated refusal or neglect to obey the rules, and is satisfied that the interest of the school demands the pupil's expulsion.
This bill provides that a pupil may be suspended or expelled for conduct while going to or coming from school that endangers the property, health or safety of others.
Current law requires each school board to provide safe and healthful facilities. This bill requires, in addition, that each school board ensure that facilities, school-related events and school-related transportation be provided in a manner that is completely safe for both pupils and adults.
Current law directs the state superintendent annually to conduct a general on-site audit of at least 10% of all school districts to ensure compliance with the state's educational standards. This bill eliminates this requirement. Instead, the bill directs DPI to conduct an inquiry into compliance with the standards upon receipt of a complaint, and authorizes DPI, on its own initiative, to conduct an audit.
Under current law, the school district administrator and business manager of every school district other than MPS are required to be licensed by the state superintendent. In Milwaukee, prior to July 1, 1995, the school board may appoint a school district administrator who is not licensed. This bill deletes the expiration date for the school district administrator provision in MPS and also authorizes the MPS board to employ a business manager who is not licensed by the state superintendent.
Current law authorizes the state superintendent to maintain a summer school for deaf persons at the school for the deaf and requires a summer school for visually handicapped adults at the school for the visually handicapped. This bill allows the state superintendent to maintain a summer school for visually handicapped minors at the school for the visually handicapped.
Current law directs MPS to establish one or more youth service centers for the counseling of children who are taken into custody for being absent from school without an acceptable excuse. MPS must contract with the Boys and Girls Clubs of Greater Milwaukee for the operation of the centers. Under current law, state funding for the centers is due to expire at the end of the 1994-95 fiscal year. This bill extends the funding through the 1995-96 fiscal year. Beginning on July 1, 1996, the bill provides that MPS may establish such centers. Currently, all other school districts are authorized, but not required, to establish such centers.
The bill also continues state funding, through the 1995-96 school year, for the salaries and fringe benefit costs for up to 4 law enforcement officers in the city of Milwaukee to work in truancy abatement and burglary supression.
Higher education
University of Wisconsin Hospitals and Clinics Authority
This bill creates a public body corporate and politic to be known as the University of Wisconsin Hospitals and Clinics Authority (authority). The board of directors of the authority consists of 5 members nominated by the governor, and with the advice and consent of the senate appointed, for 5-year terms; the president of the board of regents of the University of Wisconsin (UW) System; the chancellor of the UW-Madison; a dean of a UW-Madison health professions school; and the secretary of administration.
The bill requires the authority to negotiate and enter into a lease agreement with the board of regents for the management and operation of the UW Hospitals and Clinics (UWHC). The bill requires that the lease agreement provide for a payment from the authority to the state that is at least equal to the debt service accruing on all bonds issued by the state for the purpose of financing the acquisition, construction or improvement of the leased facilities, or a nominal amount determined by the parties to be necessary to prevent the lease agreement from being unenforceable due to a lack of consideration. The bill also requires that the lease agreement include a provision that requires the authority to conduct its operations in such a way so as to ensure that it will not adversely affect the exclusion of interest on bonds issued by the state from gross income for federal income tax purposes. In addition, the bill requires that the lease agreement include a provision that requires that the board of regents make a payment to the authority equal to the unencumbered balance on June 30, 1996, in the appropriation account for the operating expenses of UWHC.
The authority is granted the power to design, acquire, construct or improve facilities. Unlike most buildings, structures and facilities constructed for the UW System, buildings, structures or facilities constructed for the benefit or use of the authority need not have the approval of the legislature, the building commission or the governor or the board of regents. Construction or improvement projects of the authority must comply with other applicable state laws and regulations, but are generally exempt from municipal ordinances and regulations except for zoning. The authority may construct or improve facilities that are on state-owned land only with the approval of the department of administration (DOA) and, with respect to land that is not under the control of the board of regents, with the approval of the appropriate state agency.
The authority is authorized to adopt bylaws and rules for the regulation of its affairs; to sue and be sued; to have a seal and alter it; to have perpetual existence; to negotiate and enter into leases; to make and execute contracts and other instruments necessary or convenient to the exercise of its powers; to design and construct or improve any authority facility; to procure insurance on its debt obligations; to employ persons and set compensation and other benefits; to enter into contracts with the UW System, subject to certain limitations; and to appoint certain committees.
In addition, the authority is authorized, with any other person, to establish, govern and participate in the operation and financing of any entity that provides health-related services, as well as provide administrative and financial services to any such entity. Such an entity is not subject to state control or oversight and is not required to be subject to authority control or oversight.
Under the bill, the authority is required to submit annually an audited financial statement and a report of the authority's activities and accomplishments to the governor, legislature, secretary of administration and the president of the board of regents; to develop and implement a personnel structure and employment policies; to obtain liability and property insurance; to contract for legal services; and to establish the authority's annual budget and monitor the fiscal management of the authority.
The bill grants the authority the power to issue bonds for any corporate purpose. In order to issue bonds under the bill, the authority must authorize the bond issuance in a bond resolution, specifying certain terms and conditions relating to the bonds. Among other things, the bond resolution may contain provisions regarding: 1) pledging or assigning specified assets or revenues of the authority; 2) setting aside reserves or sinking funds; 3) limitations on the purpose to which or the investments in which the proceeds of a bond issue may be applied; 4) the terms upon which additional bonds may be issued and secured and the terms upon which additional bonds may rank on a parity with, or be subordinate or superior to, other bonds; 5) funding, refunding, advance refunding or purchasing outstanding bonds; 6) procedures for amending any contract with the bondholders; and 7) default provisions. The bond resolution may not provide for a term of more than 30 years and is required to provide that the bonds be payable in the lawful money of the United States. Bonds issued by the authority under the bill are not a debt of the state and do not obligate the state to levy any tax or make any appropriation for payment of the bonds. Under the bill, the state pledges that it will not limit or alter the rights vested in the authority under the bill before the authority has fully performed its contracts and has fully met and discharged its bonds, unless adequate provision is made by law for the protection of bondholders or those persons entering into contracts with the authority. In addition to provisions regarding bond issuance and security, the bill contains a number of other provisions relating to bonds issued by the authority. The bill authorizes certain state funds to be invested in bonds issued by the authority and authorizes certain regulated financial institutions to invest in those bonds. The bill contains provisions regarding the funding and refunding of bonds issued by the authority.
In addition to issuing bonds, the authority may seek financing from, and incur indebtedness to, the Wisconsin Health and Educational Facilities Authority (WHEFA), which provides financing to "health facilities". The bill allows WHEFA to provide financing to the authority. Both issuance of bonds and the incurrence of indebtedness to WHEFA is subject to a dollar limitation. The authority may not incur indebtedness to WHEFA or issue bonds if, after the bonds are issued or the indebtedness is incurred, the amount of all outstanding bonds and indebtedness exceeds $90,000,000. Bonds or indebtedness issued to refund outstanding bonds or indebtedness are not included in calculating compliance with the $90,000,000 limit.
Currently, some employes of the UWHC are employed in the state classified service while others are employed in the unclassified service. Positions in the classified service are publicly advertised and filled in accordance with merit and fitness. All employes receive paid holidays, holiday compensatory time off, paid sick leave, unpaid leaves of absence, military leave, jury service leave, voting leave, retirement benefits and health and other group insurance benefits except that limited term employes do not receive some of these benefits. For employes in the classified service, other than limited term, project, supervisory, managerial and confidential employes, these terms and conditions of employment are subject to modification by any applicable collective bargaining agreement. In addition, employes in the classified service who have successfully completed a probationary period may not be removed, suspended without pay, disciplined, reduced in pay or demoted without just cause. Employes in the classified service who serve in academic staff positions are afforded similar protections during the terms of their contracts (usually one year). The compensation of UWHC employes is established under applicable collective bargaining agreements for represented employes and under the state compensation plan or the UW faculty and academic staff compensation plan, for nonrepresented employes, as recommended by the secretary of employment relations and approved by the joint committee on employment relations, subject to certain individual salary-setting authority granted to the board of regents in the case of unclassified employes.
This bill requires the authority, by July 1, 1996, to offer employment to each person who is employed at the UWHC on June 30, 1996 and authorizes the authority to employ such additional persons as it requires. The bill requires the authority to make decisions about hiring and promoting employes according to merit and fitness. The bill also allows the authority to determine the compensation, vacation, sick leave and other benefits that are to be provided to employes, except that the authority's determination of compensation, vacation, sick leave and other benefits, from July 1, 1996, to June 30, 1997, is subject to: 1) any collective bargaining agreement that covers the employes; 2) the requirement that, for employes of the authority who were employed by UWHC immediately before becoming employes of the authority, the authority must provide compensation and certain benefits at a level that is at least as favorable as that provided to the employes as of the last day of their employment with UWHC or, if applicable, the last day on which a collective bargaining agreement covering the employes is in effect; and 3) the requirement that, for employes of the authority who are not former UWHC employes and are first hired between July 1, 1996, and June 30, 1997, but who are not covered by a collective bargaining agreement, the authority must provide the same rights, benefits and compensation as are provided to former UWHC employes who hold positions at the authority with similar duties and who are not covered by a collective bargaining agreement. The compensation and benefits that must be provided to these employes at this minimum level include paid holidays, holiday compensatory time off, paid sick leave, unpaid leave of absence, military leave, jury service leave, voting leave, retirement benefits and health and other group insurance plans. Finally, under current law employes of UWHC who are involved in the supervision and care of patients must be given hazardous employment pay. This bill requires the authority to provide, until July 1, 1997, hazardous employment pay to employes of the authority involved in the supervision and care of patients.
The bill provides that employes of the authority who were employed by UWHC in the classified service immediately prior to becoming employes of the authority may not be removed, suspended without pay, discharged, reduced in pay or demoted without just cause from July 1, 1996, to June 30, 1997. Employes of the authority who were employed by UWHC in academic staff appointments are granted the same procedural guarantees from July 1, 1996, to June 30, 1997, that they enjoyed while employed by UWHC.
Currently, state employes in the classified service who separate from the service for reasons other than discharge have certain reinstatement rights within 3 years after their separation from the service. In addition to these rights, the bill grants employes of the authority who were employed by UWHC in classified positions certain transfer rights that would be available to them if they were state employes during the period from July 1, 1996, to June 30, 1997. Both rights are accorded subject to any applicable collective bargaining agreement.
Currently, those employes of the UW System who are assigned to UWHC and who hold positions in the classified service, except management employes and confidential employes, are covered under the state employment labor relations act (SELRA). Under SELRA, those employes are expressly guaranteed the right of self-organization and the right to engage in lawful, concerted activities for the purpose of collective bargaining. Collective bargaining is expressly authorized and required exclusively with certified representative organizations in relation to salaries, fringe benefits, hours and conditions of employment, except that supervisors may bargain collectively concerning wages and fringe benefits only. Bargaining is not required on certain subjects reserved to the management and direction of the university, except that procedures for the adjustment of grievances arising out of disciplinary actions are a mandatory subject of bargaining. In addition, bargaining is not permitted regarding the mission of the university. Bargaining units are structured on a statewide basis, with employes performing different functions assigned to different units. Employes in the units have the right to vote in an election conducted by the employment relations commission as to whether there shall be collective bargaining and if so, with which representative. Responsibilities of the state as an employer are handled by the department of employment relations (DER). Unfair labor practices are established, applicable to the state and to labor unions representing employes. The commission adjudicates unfair labor practice complaints and may mediate disputes and arbitrate grievances. Strikes are expressly prohibited. No compulsory means of dispute settlement are provided. "Fair-share" (agency shop) and "maintenance of membership" agreements are authorized whereby the costs of collective bargaining and contract administration may be deducted from the wages of employes under certain conditions.
This bill extends coverage of SELRA to employes of the authority, other than management and confidential employes, who serve in positions that would be included in the classified service if the employes were state employes until July 1, 1997. The employes are included in the same collective bargaining units in which they would be included if they were state employes. On and after July 1, 1997, no employment relations act applies to these employes under the bill. Although the employes may organize and join labor unions, the authority is not required to recognize or bargain collectively with them by statute and no right to exclusive representation exists. The commission has no authority to conduct elections, mediate disputes, arbitrate grievances or adjudicate alleged unfair labor practices involving the employes and their employer. Strikes are not expressly prohibited. While union members may have union dues deducted from their wages by the authority, neither fair-share nor maintenance of membership agreements are permitted.
The bill provides that the authority is a participating employer in the Wisconsin retirement system (WRS) from July 1, 1996, to June 30, 1997. As such, its employes may participate in the WRS and are eligible for other benefits administered by the department of employe trust funds, such as unused sick leave conversion programs, health care coverage, income continuation insurance, life insurance, deferred compensation plan and employe-funded reimbursement accounts during the July 1, 1996, to June 30, 1997, period. The authority is also authorized to elect to become a participating employer in the WRS after June 30, 1997.
Because the authority is not a state agency, numerous laws that are applicable to state agencies do not apply to the authority. However, the authority is considered a state agency for purposes of some laws. The authority is treated like a state agency in the following respects, among others: 1) it must adhere to the open records and open meetings laws; 2) it is subject to auditing by the legislative audit bureau and review of its performance by the joint legislative audit committee; 3) it is subject to the lobbying regulation law to the same extent as state agencies (state agencies are exempted from certain provisions); 4) the members of its board of directors and its chief executive officer are subject to the code of ethics for state public officials and the board is instructed to prescribe a code of ethics for its other employes; 5) it is exempt from the sales and use tax and, with respect to property leased to the authority under the lease agreement, from the property tax; 6) it must pay special assessments for local improvements; 7) it is governed by state minimum wage and hour and family and medical leave laws; 8) it is subject to worker's compensation and unemployment compensation laws; 9) it is subject to the historic preservation law; 10) public employe occupational safety and health laws apply to the authority; 11) it is subject to the law permitting members of the public to make reasonable use of state facilities for civic, social or recreational activities; and 12) it is subject to laws restricting employers from testing employes and prospective employes for human immunodeficiency virus (HIV) or an antibody to HIV.
Under the bill, the authority is governed by procedures currently applicable to UWHC that impose limits on hospital charges.
The authority is unlike a state agency in many other ways, including: 1) it approves its own budget without participation by the governor, DOA, the joint committee on finance (JCF) or the legislature; 2) it may create or abolish its own positions without approval by the governor, JCF or the legislature; 3) it is not subject to statutory rule-making procedures, including requirements for legislative review of proposed rules; 4) it keeps its operating funds in its own accounts outside of the state treasury and invests its funds independently of the investment board, except that it may deposit moneys with the investment board for investment as a part of the local government pooled-investment fund; 5) it is exempt from preaudit or postaudit of its expenditures by DOA; 6) it may accept federal aid directly without approval by the governor; 7) laws requiring minimum wages and hours on public works projects do not apply to construction projects undertaken by the authority; 8) the law requiring environmental impact statements concerning certain proposed actions does not apply to the authority; 9) it is not covered by the public records preservation law; 10) the department of justice does not represent the authority and the authority may instead retain its own counsel (state agencies are not generally authorized to retain their own counsel without the governor's approval); 11) it is not governed by recycling requirements applicable to state agencies; 12) it does not share the state's immunity from most legal actions; 13) it is exempt from rules of DOA governing surveillance of state employes; 14) it is not subject to laws governing state printing; 15) requirements to purchase and store gasohol and alternative fuels do not apply to the authority; 16) it is not subject to laws prohibiting reprisals against employes for disclosure of certain information ("whistle-blowing") or prohibiting political activities by state employes while engaged in official duties; 17) a law prohibiting certain multiple employment or retention by the state does not apply to the authority; 18) interest on bonds issued by the authority is subject to state income tax; and 19) the liability coverage of the state does not cover acts or omissions of its officers, employes and agents.
Concerning procurement, the authority is not covered by the law which requires, with certain exceptions, purchasing by open competitive bidding or negotiated competitive proposals, by the law which requires state agencies in the executive branch to make purchases through DOA nor by requirements to purchase certain computer services from DOA, by laws requiring the purchase of products made from recycled or recovered materials, by requirements to make purchases on the basis of life-cycle costs, by requirements to purchase certain materials from prison industries and work centers for the severely handicapped and to do certain business with minority-owned enterprises, or by the laws requiring payment of interest on late payments to vendors and requiring the purchase of materials procured from Wisconsin-based businesses and materials manufactured in the United States. The authority is subject to nondiscrimination requirements in procurement. Under the bill, the authority may, with the consent of DOA, purchase materials, supplies, equipment or services from the UW System by mutual consent or may enter into cooperative purchasing arrangements with the UW System. Purchases by or through the UW System are generally subject to all state procurement laws.
Other University of Wisconsin System
This bill imposes a freeze upon salary increases granted to incumbents in certain administrative positions at the UW System during the period beginning on the date on which the bill becomes law and ending on June 30, 1997. Under the proposal, the salary paid to the incumbent in an affected position during this period may not exceed an annualized rate of $100,000 or the annualized salary paid to the incumbent in the same position on January 1, 1995, whichever is greater. The freeze does not apply to any salary increase that is granted under the state compensation plan before July 1, 1995, or by the board of regents of the UW System before February 1, 1995.
Currently, the salaries for these positions are set by the board of regents subject to limitations set forth in the state compensation plan.
Under current law, the board of regents of the UW System may invest not more than 75% of the trust funds held and administered by the board in common stocks. This bill increases the allowable percentage to 85%.
Current law authorizes the board of regents of the UW System to use balances in program revenue appropriations as contingent funds for the payment of miscellaneous expenses if immediate payment is necessary, but not exceeding a total of $4,000,000.
This bill authorizes the board of regents to use balances in program revenue appropriations as contingent funds for the payment of miscellaneous expenses only if DOA determines that immediate payment is necessary. In addition, the daily balance of the contingent funds may not exceed $3,000,000 and total disbursements from the funds may not exceed $100,000,000 in any fiscal year.
Current law appropriates general purpose revenue and academic student fees to the board of regents of the UW System for laboratory modernization. The appropriations are set to expire at the end of the 1995-96 fiscal year. This bill eliminates the expiration date.
This bill modifies the appropriation to the board of regents of the UW System for nonincome sports. Currently, $481,900 annually from moneys received from parking for all events at athletic facilities at UW-Madison is appropriated; this bill appropriates all moneys received from the sale of parking provided for all events at athletic facilities at the UW-Madison, less related expenses. The bill also allows the funds to be used for debt service on any sports-related facility.
With certain specified exceptions, current law prohibits the furnishing of complimentary or reduced-price tickets to any UW System athletic event for which an admission fee is normally charged. One of the exceptions is for complimentary or reduced-price tickets required by rules of intercollegiate athletic conferences in which the UW System participates.
This bill modifies that exception. The bill allows complimentary and reduced-price tickets if such tickets are permitted by rules of intercollegiate athletic conferences in which the UW System participates and if the chancellor of the institution participating in the athletic event has approved the furnishing of such tickets.
Other educational and cultural agencies
Currently, HEAB administers the academic excellence higher education scholarship program. The program awards higher education scholarships for up to 4 years to certain students who had the highest grade point averages in their high schools.
This bill establishes a maximum amount for a scholarship under the program of $3,000 per academic year. The bill also requires the program and its scholarship recipients to be referred to as the governor's academic excellence higher education scholarship program and governor's scholars, respectively, in all printed material disseminated or otherwise distributed by HEAB.
Under current law, HEAB administers a stipend loan program for resident nursing students, a minority teacher loan program, a minority undergraduate retention grant program and a program to award grants to resident students who are currently recipients of aid to families with dependent children (AFDC).
This bill provides that HEAB may not award any original grants or loans under these programs, except for minority undergraduate retention grants to students enrolled at private, nonprofit institutions of higher education in this state.
This bill eliminates the higher educational aids board (HEAB) effective July 1, 1996, and transfers all functions of HEAB to DOE. On the same date, the bill also transfers all functions of the educational approval board (EAB) (currently attached to the technical college system board) to DOE and transfers EAB itself to DOE as an advisory council.
Beginning in the 1997-98 fiscal year, this bill directs the board of regents of the UW System annually to transfer to the state historical society an amount equal to 33% of the cost of acquisitions for and operation of the historical society library, or $515,000 (adjusted annually for inflation), whichever is greater. The 2 agencies may agree to transfer a higher amount. In each of the 1995-96 and 1996-97 fiscal years, the board of regents must transfer $515,000.
The bill also permits the state historical society to collect a fee for use of the historical society library. Any member of the state historical society, any member of the faculty or academic staff of the UW System and any student enrolled in the UW System is exempt from such fees.
Current law establishes a schedule of fees to be collected by the state historical society for admission to the following historic sites: Old World Wisconsin, Madeline Island, Pendarvis, Stonefield Village, Villa Louis and Old Wade House. The historical society is prohibited from collecting any group child admission fee for admission to any historic site owned and operated by the historical society.
This bill eliminates the fee schedule and the prohibition on group child admission fees. The historical society may establish and collect a fee for admission to these historic sites.
Under current law, the historical society operates the Wesley W. Jung Carriage Museum located at Old Wade House state park. This bill requires the department of natural resources (DNR) to transfer title to Old Wade House state park, including the Wesley W. Jung Carriage Museum, to the historical society on July 1, 1996.
Effective July 1, 1996, this bill transfers the transmission and engineering functions of the educational communications board (ECB) to DOA. The bill permits the secretary of administration to transfer FTE positions in ECB performing duties that are primarily related to the transmission and engineering functions, together with the incumbents in those positions, to DOA on that date, and requires the secretary to submit a plan to the chairpersons of JCF for the transfer of other FTE positions in ECB performing those duties, to become effective no later than July 1, 1997. Upon submittal, DOA may implement the plan.
The bill also requires ECB and DOA to enter into an affiliation agreement with the board of regents of the UW System with respect to broadcasting station WHA and WHA-TV. The bill does not transfer any programmatic responsibilities of ECB.
This bill creates a Wisconsin regranting program to be administered by the arts board. Under the program, the arts board awards grants to local arts agencies and municipalities. The bill requires a matching fund contribution from a grantee equal to the amount of the grant awarded under the program.
Under current law, the arts board is attached to DOA. This bill transfers the arts board to the department of tourism and parks, as created by the bill.
Current law directs the state technical college system board to develop a program relating to recycling. This bill eliminates this duty.
Employment
Currently, the employment relations commission is authorized, and directed in some cases, to attempt to mediate labor disputes in private, local government and state employment. During mediation, the mediator attempts to identify and narrow differences between the parties and to encourage a voluntary settlement of the dispute. The commission employs staff members for the purpose of providing mediation services, which are available at state expense.
This bill prohibits any officer or employe of the commission from engaging in mediation or facilitating mediation of a labor dispute by any other person. Under the bill, the parties to a labor dispute may retain any person other than an officer or employe of the commission to provide mediation services. The cost of those services is divided equally between the parties. In labor disputes involving local government or state employment, the bill requires each party or the parties jointly to notify the commission in writing of the name and address of any mediator who is retained by the parties.
This bill directs the employment commission, as created by this bill, to study its procedures, recommend ways to streamline its operations and report its findings and recommendations to the secretary of administration by October 31, 1996. See also STATE GOVERNMENT, STATE EMPLOYMENT.
Under current law, various state agencies administer various state and federal employment and education programs. This bill consolidates oversight over those programs under the governor's council on workforce excellence which is created by the bill. The bill requires the council, consisting of the heads of the state agencies responsible for administering employment and education programs and representatives of the public school system, 4-year postsecondary educational institutions, technical college districts, community-based organizations that provide employment training, business and industry and organized labor, to:
1. Identify the workforce development needs of the state and recommend goals for meeting those needs and steps for meeting those goals.
2. Recommend a strategic plan for coordinating the provision of services and the allocation of funding and resources under the various state and federal employment and education programs.
3. Monitor the provision of those services and the allocation of that funding and those resources and evaluate the effectiveness of those programs in meeting the state's workforce development needs.
4. Recommend the seeking of waivers of federal laws, regulations or policies that impede the effectiveness or coordination of those employment and education programs.
5. Recommend occupations for the youth apprenticeship program and skill standards for the school-to-work program.
The bill further consolidates the state's employment and education programs by:
1. Directing the council to prepare, by January 15, 1996, a plan that terminates other state advisory bodies that are duplicative of the council or whose duties and responsibilities can be taken over by the council and a plan that reorganizes all substate boundaries for the local administration of employment and education programs so that those boundaries are contiguous with the technical college district boundaries.
2. Directing the department of industry, labor and human relations (DILHR) to prepare, by February 15, 1996, a plan that structures the new functions and personnel of DILHR, as affected by this bill.
3. Upgrading the office of workforce excellence in DILHR, which currently coordinates and implements DILHR's workforce excellence initiatives, to the division of workforce excellence and expanding the duties of that new division to include planning, coordinating, administering and implementing the youth apprenticeship program, under which young people receive classroom and on-the-job training in skilled trades, and the school-to-work program, under which young people receive training in the skills necessary to make the transition from school to work.
4. Terminating the youth apprenticeship council and assigning the duties of that council to the council on workforce excellence.
Currently, a school district is required to bargain collectively in good faith with the majority representative of its employes in a collective bargaining unit concerning the wages, hours and conditions of employment of the employes.
This bill provides that a school district is not required to bargain collectively concerning any decision to create a performance recognition plan or concerning the amount of any performance recognition award made under such a plan (see also EDUCATION, PRIMARY AND SECONDARY EDUCATION).
The bill also provides that a school district is prohibited from bargaining collectively with respect to reassignment of employes, with or without regard to seniority, resulting from the decision of the school board to contract with an individual or group to operate a school as a charter school, as authorized by the bill, or to convert a school to a charter school, or with respect to the impact of any such decision on the wages, hours or conditions of employment of the employes who perform services for the school district; and, in the Milwaukee Public Schools, the reassignment of employes, with or without regard to seniority, resulting from the decision of the school board to close or reopen a school, the decision of the school board to contract for the management or operation of a school, or the decision of the school board to contract with a nonprofit, private school or agency to provide educational programs, or the impact of any of these decisions on the wages, hours and conditions of employment of the employes in the school district.
Currently, subject to certain limitations, the employment relations commission decides which employes of a school district shall be included in the same collective bargaining unit with other employes of the school district, but the commission is directed to avoid fragmentation of units. This bill provides that, upon request of 30% of the professional employes of a school district who perform any services at a charter school, the commission must conduct an election for the purpose of permitting the employes to decide whether they wish to be represented in a separate collective bargaining unit from any unit that includes other employes of the school district. If a majority of the employes voting in the election decide to be represented in a separate unit, the commission must place the employes in such a unit (see also EDUCATION, PRIMARY AND SECONDARY EDUCATION).
Environment
Water quality
Under the clean water fund program, this state provides financial assistance to local governments for projects related to the control of water pollution, including sewage treatment plants. Under current law, the department of natural resources (DNR) and the department of administration (DOA) administer the clean water fund program. This bill increases the amount of general obligation bonds that the state may issue for the clean water fund program. The bill also establishes the present value of the subsidies for clean water fund assistance that may be provided in the 1995-97 biennium.
Under current law, the clean water fund program may not provide below market rate (subsidized) financing for the portion of a project that treats waste from industrial users. This bill eliminates that restriction.
Currently, the clean water fund program provides financial hardship assistance to certain communities to further reduce the costs of financing water pollution control projects. Generally, clean water fund program financial assistance is provided in the form of a below-market interest rate loan; however, hardship assistance may be provided in the form of a grant. Under this bill, clean water fund hardship assistance may only be provided in the form of a no-interest loan.
The bill also changes the eligibility criteria for clean water fund hardship assistance. Currently, eligibility for clean water fund hardship assistance is based on the level of wastewater treatment charges in a community compared to adjusted gross income and property values in the community, per capita adjusted gross income in the community compared to per capita adjusted gross income in this state and the average equalized value of a parcel of improved residential property in the community compared to the average equalized value of a parcel of improved residential property in this state. Under the bill, a municipality is eligible for clean water fund hardship assistance if both of the following apply:
1. The median household income in the municipality is 80% or less of the median household income in this state.
2. The estimated total annual charges per residential user in the municipality that relate to wastewater treatment would exceed 2.5% of the median household income in the municipality in the absence of hardship assistance.
The current eligibility criteria for hardship assistance continue to apply to municipalities that received hardship assistance for project planning and design during fiscal years 1991 to 1995 or whose construction projects appeared on the 1993, 1994 or 1995 hardship funding list.
Current law earmarks 18% of the total amount of subsidy available under the clean water fund program in a state fiscal biennium for hardship assistance, 74% of the total subsidy for ordinary clean water fund program projects and 8% for additional costs associated with approved clean water fund program projects. This bill eliminates the earmarking of clean water fund subsidy, but provides that during the 1995-97 biennium the total value of subsidies used to provide hardship assistance may not exceed $9,600,000.
In addition, the bill makes a number of changes in the process for obtaining financial assistance under the clean water fund program and transfers some clean water fund program administrative responsibilities from DNR to DOA. Under current law, the clean water fund program has an annual funding cycle. Under this bill, funding decisions are made on a continuing basis. Under current law, if there is insufficient funding for all eligible projects during a fiscal year, funding is distributed using a priority ranking established by DNR. Under this bill, funding is distributed in the order in which projects are ready to be constructed. If no funding is available for a project when it is ready to be constructed, DOA places the project on a list to be funded when funding is available.
Current law requires DNR and DOA jointly to prepare 3 versions of a biennial finance plan for the clean water fund program. Under this bill, DNR and DOA prepare amendments to the biennial finance plan to reflect the biennial budget bill and the biennial budget act, rather than new versions of the plan. The bill also eliminates requirements that the biennial finance plan include certain information. The bill requires the biennial finance plan to include audited financial statements of the clean water fund program.
Under current law, DNR is required to complete plans to implement the nonpoint source water pollution abatement program (which provides financial assistance for measures to reduce water pollution from diffuse sources) in priority watersheds (those watersheds in which the need for nonpoint source pollution abatement is most critical) by December 31, 2000. This bill changes the date by which the plans must be completed to December 31, 2015.
This bill reduces the amount of general obligation bonding that may be incurred for the nonpoint source program by $4,000,000. The bill increases the amount of general obligation bonding that may be incurred for environmental cleanups in or adjacent to the Great Lakes by $4,000,000.
