Amendment ASA1-AB100

AB100-ASA1,1209,13 104.01 (7) "Student learner" means a student who is receiving instruction in an accredited school and who is employed on a part-time basis, pursuant to a bona fide school training program. A "bona fide school training program" means a program authorized and approved by the department of education public instruction or the technical college system board, or other recognized educational body, and provided for part-time employment training which may be scheduled for a part of the workday or workweek, supplemented by and integrated with, a definitely organized plan of instruction and where proper scholastic credit is given by the accredited school.

AB100-ASA1, s. 2040 Section 2040. 106.11 (2) (b) of the statutes is amended to read:

AB100-ASA1,1209,20 106.11 (2) (b) In carrying out its responsibilities under this section, the department shall coordinate services authorized under 29 USC 1533 and provided by the department of education public instruction and the technical college system board to provide programs to help eligible youth participants, at least 75% of whom shall be economically disadvantaged individuals. At least 50% of the federal moneys received under 29 USC 1602 (b) (1) shall be used for programs under this subsection.

AB100-ASA1, s. 2668m Section 2668m. 106.115 (2) (em) of the statutes is created to read:

AB100-ASA1,1209,25 106.115 (2) (em) Review and recommend for approval by the state superintendent of public instruction a school-to-work program for children at risk, as defined in s. 118.153 (1) (a), provided by a nonprofit organization under s. 118.153 (3m).

AB100-ASA1, s. 2671d Section 2671d. 106.12 of the statutes is amended to read:

AB100-ASA1,1210,14 106.12 (title) Division of workforce excellence connecting education and work. Based on the recommendations of the governor's council on workforce excellence, the division of workforce excellence connecting education and work shall plan, coordinate, administer and implement the department's workforce excellence initiatives, programs, policies and funding, the youth apprenticeship and school-to-work programs under s. 106.13 and such other employment and education programs as the governor may by executive order assign to the division. Notwithstanding any limitations placed on the use of state employment and education funds under this section or s. 106.13, 106.14, 106.15, 106.20 or 106.21 or under an executive order assigning an employment and education program to the division, the secretary may issue a general or special order waiving any of those limitations on finding that the waiver will promote the coordination of employment and education services.

AB100-ASA1, s. 2041 Section 2041. 106.13 (2m) of the statutes is amended to read:

AB100-ASA1,1210,22 106.13 (2m) After reviewing the recommendations of the governor's council on workforce excellence under s. 106.115 (2) (e), the department shall approve occupations and maintain a list of approved occupations for the youth apprenticeship program and shall approve statewide skill standards for the school-to-work program. From the appropriation under s. 20.445 (1) (ev), the department shall contract for the development of develop curricula for youth apprenticeship programs for occupations approved under this subsection.

AB100-ASA1, s. 2042 Section 2042. 106.13 (4) (b) of the statutes is amended to read:

AB100-ASA1,1211,13 106.13 (4) (b) From the appropriation under s. 20.445 (1) (em), the department may award grants a grant to a public agencies and agency or a nonprofit organizations that are organization, or to an employer that is responsible for the on-the-job training and supervision of a youth apprentice. A public agency or non-profit organization that receives a grant under this subsection shall use the funds awarded under the grant to award training grants to employers who that provide on-the-job training and supervision for youth apprentices. A Subject to par. (c), a training grant provided under this subsection may not exceed 50% of the youth apprentice's hourly wage or $4 per hour, whichever is less. An employer may receive training grant funds for not more than 500 hours of work per youth apprentice in any school year, as defined in s. 115.001 (13) be awarded to an employer for each youth apprentice who receives at least 180 hours of paid on-the-job training from the employer during a school year, as defined in s. 115.001 (13). The amount of a training grant may not exceed $500 per youth apprentice per school year. A training grant may not be awarded for any specific youth apprentice for more than 2 school years.

AB100-ASA1, s. 2676d Section 2676d. 106.13 (4) (c) of the statutes is created to read:

AB100-ASA1,1211,19 106.13 (4) (c) Notwithstanding par. (b), the department may award a training grant under this subsection to an employer that provides less than 180 hours of paid on-the-job training for a youth apprentice during a school year, as defined in s. 115.001 (13), if the department determines that it would be beneficial for the youth apprentice to receive on-the-job training from more than one employer.

AB100-ASA1, s. 2043 Section 2043. 106.14 (1) of the statutes, as affected by 1995 Wisconsin Act 27, section 3770m, is amended to read:

AB100-ASA1,1211,25 106.14 (1) The department may award grants to nonprofit corporations and public agencies for the provision of career counseling centers throughout the state. From the appropriation under s. 20.445 (1) (gd), the department shall allocate $300,000 in each fiscal year for the payment of those grants.

AB100-ASA1, s. 2044 Section 2044. 106.14 (1) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100-ASA1,1212,4 106.14 (1) The department may award grants to nonprofit corporations and public agencies for the provision of career counseling centers throughout the state.

AB100-ASA1, s. 2680m Section 2680m. 106.215 (7) (c) of the statutes is created to read:

AB100-ASA1,1212,10 106.215 (7) (c) Conservation fund appropriation. Notwithstanding par. (a), moneys appropriated under s. 20.445 (6) (u) that are not derived from the forestation state tax under s. 70.58 may be utilized for any project approved by the board regardless of whether the project consists in whole or in part of conservation activities.

AB100-ASA1, s. 2045 Section 2045. 106.215 (10) (d) of the statutes is amended to read:

AB100-ASA1,1212,17 106.215 (10) (d) Unemployment compensation. A corps enrollee member or assistant crew leader is not eligible for unemployment compensation benefits by virtue of his or her employment in the Wisconsin conservation corps program. To the extent permitted by federal law, the Wisconsin conservation corps program shall be considered a work-relief and working-training program for the purpose of determining eligibility for benefits under s. 108.02 (15) (g) 1.

AB100-ASA1, s. 2046 Section 2046. 106.215 (10) (g) 1. of the statutes is amended to read:

AB100-ASA1,1213,3 106.215 (10) (g) 1. A person who is employed as a corps enrollee for a 6-month to one-year period of continuous employment, as determined by standards adopted by the board, and who receives a satisfactory employment evaluation upon termination of employment is entitled to an incentive payment of $500 prorated in the same proportion as the number of hours of employment completed by that person bears to 2,080 hours or an education voucher that is worth at least double the monetary value of the prorated incentive payment, but not more than $2,400 $2,600 prorated in the same proportion as the number of hours of employment completed by that person bears to 2,080 hours. No corps enrollee may receive more than 2 incentive payments or 4 education vouchers.

AB100-ASA1, s. 2047 Section 2047. 107.31 (5) (a) 1. of the statutes is amended to read:

AB100-ASA1,1213,6 107.31 (5) (a) 1. Four percent of all moneys distributed under s. 70.395 (1), 1995 stats., and under s. 70.395 (1e) beginning on May 22, 1980; and

AB100-ASA1, s. 2048 Section 2048. 108.02 (15) (gm) of the statutes is created to read:

AB100-ASA1,1213,10 108.02 (15) (gm) "Employment" as applied to work for the Wisconsin conservation corps board, does not include service as a corps member or assistant crew leader.

AB100-ASA1, s. 2049 Section 2049. 108.20 (2m) of the statutes is amended to read:

AB100-ASA1,1214,2 108.20 (2m) From the moneys not appropriated under s. 20.445 (1) (ge) and (gf) which are received by the administrative account as interest and penalties under this chapter, the department shall pay the benefits chargeable to the administrative account under s. 108.07 (5) and the interest payable to employers under s. 108.17 (3m) and may pay interest due on advances to the unemployment reserve fund from the federal unemployment account under title XII of the social security act, 42 USC 1321 to 1324, may make payments to satisfy a federal audit exception concerning a payment from the fund or any federal aid disallowance involving the unemployment compensation program, or may make payments to the fund if such action is necessary to obtain a lower interest rate or deferral of interest payments on advances from the federal unemployment account under title XII of the social security act or may provide career counseling center grants under s. 106.14, except that any interest earned pending disbursement of federal employment security grants under s. 20.445 (1) (n) shall be credited to the general fund. Any moneys reverting to the administrative account from the appropriations under s. 20.445 (1) (ge) and (gf) shall be utilized as provided in this subsection.

AB100-ASA1, s. 2050 Section 2050. 108.20 (2m) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100-ASA1,1214,19 108.20 (2m) From the moneys not appropriated under s. 20.445 (1) (ge) and (gf) which are received by the administrative account as interest and penalties under this chapter, the department shall pay the benefits chargeable to the administrative account under s. 108.07 (5) and the interest payable to employers under s. 108.17 (3m) and may pay interest due on advances to the unemployment reserve fund from the federal unemployment account under title XII of the social security act, 42 USC 1321 to 1324, may make payments to satisfy a federal audit exception concerning a payment from the fund or any federal aid disallowance involving the unemployment compensation program, or may make payments to the fund if such action is necessary to obtain a lower interest rate or deferral of interest payments on advances from the federal unemployment account under title XII of the social security act, except that any interest earned pending disbursement of federal employment security grants under s. 20.445 (1) (n) shall be credited to the general fund. Any moneys reverting to the administrative account from the appropriations under s. 20.445 (1) (ge) and (gf) shall be utilized as provided in this subsection.

AB100-ASA1, s. 2689t Section 2689t. 109.09 (1) of the statutes is amended to read:

AB100-ASA1,1215,16 109.09 (1) The department shall investigate and attempt equitably to adjust controversies between employers and employes as to alleged wage claims. The department may receive and investigate any wage claim which is filed with the department, or received by the department under s. 109.10 (4), no later than 2 years after the date the wages are due. The department may, after receiving a wage claim, investigate any wages due from the employer against whom the claim is filed to any employe during the period commencing 2 years before the date the claim is filed. The department shall enforce this chapter and ss. 66.293, 103.02, 103.49, 103.50, 103.82 and 104.12. In pursuance of this duty, the department may sue the employer on behalf of the employe to collect any wage claim or wage deficiency and ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions under s. 109.10, the department may refer such an action to the district attorney of the county in which the violation occurs for prosecution and collection and the district attorney shall commence an action in the circuit court having appropriate jurisdiction. Any number of wage claims or wage deficiencies against the same employer may be joined in a single proceeding, but the court may order separate trials or hearings. In actions that are referred to a district attorney under this subsection, any taxable costs recovered by the district attorney shall be paid into the general fund of the county in which the violation occurs and used by that county to meet its financial responsibility under s. 978.13 (2) for the operation of the office of the district attorney who prosecuted the action.

AB100-ASA1, s. 2051 Section 2051. 109.09 (2) of the statutes is amended to read:

AB100-ASA1,1216,11 109.09 (2) The department, under its authority under sub. (1) to maintain actions for the benefit of employes, or an employe who brings an action under s. 109.03 (5) shall have a lien upon all property of the employer, real or personal, located in this state for the full amount of any wage claim or wage deficiency. A lien under this subsection takes effect when the department or employe files a verified petition claiming the lien with the clerk of the circuit court of the county in which the services or some part of the services were performed pays the fee specified in s. 814.61 (5) to that clerk of circuit court and serves a copy of that petition on the employer by personal service in the same manner as a summons is served under s. 801.11 or by certified mail with a return receipt requested. The department or employe must file the petition within 2 years after the date that the wages were due. The petition shall specify the nature of the claim and the amount claimed, describe the property upon which the claim is made and state that the petitioner claims a lien on that property. The lien shall take precedence over all other debts, judgments, decrees, liens or mortgages against the employer, except a lien under s. 292.31 (8) (i), 292.41 (6) (d) or 292.81, and may be enforced in the manner provided in ss. 779.09 to 779.12, 779.20 and 779.21, insofar as such provisions are applicable. The lien ceases to exist if the department or the employe does not bring an action to enforce the lien within the period prescribed in s. 893.44 for the underlying wage claim.

AB100-ASA1, s. 2052 Section 2052. 110.065 of the statutes is amended to read:

AB100-ASA1,1216,23 110.065 Traffic academy. The secretary may establish and operate an academy for the training of state, county and local traffic patrol officers and other related personnel and make rules and regulations for the conduct thereof. The secretary shall establish and periodically revise a reasonable scale of tuition charges. The tuition for personnel other than employes of the department shall be paid by their respective departments or governing bodies and shall be deposited in the transportation fund appropriation account under s. 20.395 (5) (dh). The secretary shall consult appropriate state, county and local authorities concerning the establishment and operation of the academy and the determination of tuition charges. State agencies shall cooperate with the secretary in providing information and instructional services for the academy.

AB100-ASA1, s. 2693m Section 2693m. 111.91 (2) (kg) of the statutes is created to read:

AB100-ASA1,1217,2 111.91 (2) (kg) The procedures relating to code of ethics violations under s. 230.125.

AB100-ASA1, s. 2693mm Section 2693mm. 111.91 (2) (Lm) of the statutes is created to read:

AB100-ASA1,1217,8 111.91 (2) (Lm) Any reduction in fringe benefits provided by a county having a population of 500,000 or more to assistant district attorneys, who are granted creditable service under s. 40.02 (17) (gm), to compensate for the reduction in the state's reimbursement of the employer's cost for fringe benefits under s. 978.12 (6) (b).

AB100-ASA1, s. 2693p Section 2693p. 111.91 (2) (n) of the statutes is created to read:

AB100-ASA1,1217,11 111.91 (2) (n) The provision to employes of the health insurance coverage required under s. 632.895 (11) and (12).

AB100-ASA1, s. 2053 Section 2053. Chapter 115 (title) of the statutes is amended to read:

AB100-ASA1,1217,13 CHAPTER 115

AB100-ASA1,1217,17 DEPARTMENT OF EDUCATION state superintendent; GENERAL CLASSIFICATIONS AND DEFINITIONS; HANDICAPPED CHILDREN

AB100-ASA1, s. 2054 Section 2054. 115.001 (1) of the statutes is amended to read:

AB100-ASA1,1217,21 115.001 (1) Charter school. "Charter school" means a school under contract with a school board under s. 118.40 or with one of the entities under s. 118.40 (2r) (b), or a school established and operated by one of the entities under s. 118.40 (2r) (b).

AB100-ASA1, s. 2695g Section 2695g. 115.001 (2) of the statutes is amended to read:

AB100-ASA1,1217,24 115.001 (2) Department. "Department" means the department of education public instruction.

AB100-ASA1, s. 2695r Section 2695r. 115.001 (3r) of the statutes is amended to read:

AB100-ASA1,1218,4 115.001 (3r) Private school. "Private school" means an institution with a private educational program that meets all of the criteria under s. 118.165 (1) or is determined to be a private school by the department state superintendent under s. 118.167.

AB100-ASA1, s. 2055 Section 2055. 115.001 (13m) of the statutes is repealed.

AB100-ASA1, s. 2056 Section 2056. Subchapter II (title) of chapter 115 [precedes 115.28] of the statutes is repealed and recreated to read:

AB100-ASA1,1218,8 Chapter 115

AB100-ASA1,1218,9 Subchapter II

AB100-ASA1,1218,11 State superintendent of public instruction

AB100-ASA1, s. 2697m Section 2697m. 115.28 (intro.) of the statutes is amended to read:

AB100-ASA1,1218,13 115.28 General duties. (intro.) The department state superintendent shall:

AB100-ASA1, s. 2057 Section 2057. 115.28 (3m) of the statutes is repealed and recreated to read:

AB100-ASA1,1218,20 115.28 (3m) Supervision of cooperative educational service agencies; rules. (a) Supervise and audit the receipts and expenditures of the cooperative educational service agencies, conduct program review of the agencies, approve agency evaluations, supervise boundary reorganization where necessary, advise the administrators of the agencies and provide assistance in organizing the agencies throughout the state.

AB100-ASA1,1218,22 (b) Promulgate rules establishing procedures for the reorganization of cooperative educational service agencies and boundary appeals.

AB100-ASA1,1219,2 (c) Every 3rd year as scheduled by the department, report to the appropriate standing committees of the legislature under s. 13.172 (3) on all cooperative educational service agency programs and services. The report shall include information on the efficiency and effectiveness of the programs and services.

AB100-ASA1, s. 2698m Section 2698m. 115.28 (5) of the statutes is amended to read:

AB100-ASA1,1219,6 115.28 (5) Appeals. Examine and determine all appeals which by law are made to the department state superintendent and prescribe rules of practice in respect thereto, not inconsistent with law.

AB100-ASA1, s. 2058 Section 2058. 115.28 (7) (a) of the statutes is amended to read:

AB100-ASA1,1219,14 115.28 (7) (a) License all teachers for the public schools of the state, make rules establishing standards of attainment and procedures for the examination and licensing of teachers within the limits prescribed in ss. 118.19 (2) and (3), 118.192 and 118.195, prescribe by rule standards and procedures for the approval of teacher preparatory programs leading to licensure, file in the secretary's state superintendent's office all papers relating to state teachers' licenses and register each such license.

AB100-ASA1, s. 2699g Section 2699g. 115.28 (7) (b) of the statutes is amended to read:

AB100-ASA1,1219,25 115.28 (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 department state superintendent shall grant certificates and licenses to teachers in private schools, except that teaching experience requirements for such certificates and licenses may be fulfilled by teaching experience in either public or private schools. An applicant is not eligible for a license or certificate unless the department state superintendent finds that the private school in which the applicant taught offered an adequate educational program during the period of the applicant's teaching therein. Private schools are not obligated to employ only licensed or certified teachers.

AB100-ASA1, s. 2699r Section 2699r. 115.28 (7) (e) 2. of the statutes is amended to read:

AB100-ASA1,1220,9 115.28 (7) (e) 2. Promulgate rules establishing requirements for licensure as an alternative education program teacher and for the approval of teacher education programs leading to licensure as an alternative education program teacher. The rules shall encompass the teaching of multiple subjects or grade levels or both, as determined by the department state superintendent. The rules may require teacher education programs to grant credit towards licensure as an alternative education program teacher for relevant experience or demonstrated proficiency in relevant skills and knowledge.

AB100-ASA1, s. 2059 Section 2059. 115.28 (7m) of the statutes is amended to read:

AB100-ASA1,1220,14 115.28 (7m) Certification of school nurses. Certify school nurses, make rules for the examination and certification of school nurses and file in the secretary's state superintendent's office all papers relating to school nurses certification and register each such certification.

AB100-ASA1, s. 2701m Section 2701m. 115.28 (9) of the statutes is amended to read:

AB100-ASA1,1220,18 115.28 (9) Federal aids. Accept federal funds for any function over which the department state superintendent has jurisdiction and act as the agent for the receipt and disbursement of such funds.

AB100-ASA1, s. 2060 Section 2060. 115.28 (20) (a) of the statutes is amended to read:

AB100-ASA1,1220,22 115.28 (20) (a) Advise the secretary state superintendent on funding criteria and evaluation plans for grant programs for the school district operating under ch. 119.

AB100-ASA1, s. 2061 Section 2061. 115.28 (20) (b) of the statutes is amended to read:

AB100-ASA1,1220,25 115.28 (20) (b) Advise the secretary state superintendent on the programs that meet or do not meet the funding criteria.

AB100-ASA1, s. 2062 Section 2062. 115.28 (20) (c) of the statutes is amended to read:

AB100-ASA1,1221,3 115.28 (20) (c) Assist the secretary state superintendent in monitoring the progress of funded programs.

AB100-ASA1, s. 2063 Section 2063. 115.28 (20) (d) of the statutes is amended to read:

AB100-ASA1,1221,6 115.28 (20) (d) Recommend to the secretary state superintendent needed changes in statutes or rules relating to grant programs.

AB100-ASA1, s. 2064 Section 2064. 115.28 (20) (e) of the statutes is amended to read:

AB100-ASA1,1221,9 115.28 (20) (e) Submit to the secretary state superintendent an annual report detailing the council's activities, accomplishments and projected needs.

AB100-ASA1, s. 2707m Section 2707m. 115.28 (21) of the statutes is amended to read:

AB100-ASA1,1221,18 115.28 (21) Youth initiatives program. Administer grants to local community organizations for standardized assessment and programs for instruction in basic skills and work experience under the youth initiatives program. The department state superintendent may require a school board to provide matching funds at any percentage. The match may be in the form of money or in-kind services or both. The department state superintendent shall establish, by rule, performance standards for the youth initiatives program and shall monitor performances by grantees. This subsection does not apply after June 30, 1996.

AB100-ASA1, s. 2708m Section 2708m. 115.28 (30) (c) of the statutes is repealed.

AB100-ASA1, s. 2708p Section 2708p. 115.28 (35) of the statutes is amended to read: