AB100: Bill Text Engrossed

AB100-engrossed, s. 2686 Section 2686. 108.02 (15) (gm) of the statutes is created to read:

AB100-engrossed,1364,3 108.02 (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-engrossed, s. 2688 Section 2688. 108.20 (2m) of the statutes is amended to read:

AB100-engrossed,1364,20 108.20 (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-engrossed, s. 2689 Section 2689. 108.20 (2m) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100-engrossed,1365,12 108.20 (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-engrossed, s. 2690 Section 2690. 109.09 (2) of the statutes is amended to read:

AB100-engrossed,1366,7 109.09 (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-engrossed, s. 2691 Section 2691. 110.065 of the statutes is amended to read:

AB100-engrossed,1366,19 110.065 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-engrossed, s. 2691f Section 2691f. 110.10 of the statutes is created to read:

AB100-engrossed,1366,21 110.10 Ignition interlock device program. (1) In this section:

AB100-engrossed,1366,23 (a) "Restricted operator" means a person whose operating privilege is restricted to operating only motor vehicles equipped with an ignition interlock device.

AB100-engrossed,1366,25 (b) "Service provider" means a person who has contracted with the department to provide services under this section.

AB100-engrossed,1367,1 (2) The department shall do all of the following:

AB100-engrossed,1367,4 (a) Develop and administer an ignition interlock device program that assists a person in complying with a court order restricting the person's operating privilege to operating only motor vehicles equipped with an ignition interlock device.

AB100-engrossed,1367,8 (b) Contract with a person to provide services required under sub. (3). The department shall contract only with a person who has at least 2 years' full-time field experience providing and servicing ignition interlock devices. The requirements of s. 16.75 (1) to (5) do not apply to contracts made under this paragraph.

AB100-engrossed,1367,10 (c) Amend its vehicle registration records to reflect the installation or removal of an ignition interlock device upon receiving notice under sub. (3) (g).

AB100-engrossed,1367,11 (d) Promulgate rules to implement this section.

AB100-engrossed,1367,13 (3) A contract under sub. (2) (b) shall require the service provider to do all of the following:

AB100-engrossed,1367,16 (a) Use only ignition interlock devices approved by the department and manufactured by a manufacturer that has 500 or more devices in service in the United States or Canada.

AB100-engrossed,1367,21 (am) Create and implement a service delivery plan under which any restricted operator may obtain routine service of an installed ignition interlock device within a 60-mile radius of his or her place of residence. The service delivery plan shall make installation of an ignition interlock device available to any restricted operator within a 150-mile radius of his or her place of residence.

AB100-engrossed,1367,23 (b) Service at least once every 2 months each ignition interlock device installed by the service provider.

AB100-engrossed,1367,25 (c) Provide a 24-hour toll-free telephone number for information and services related to the contract.

AB100-engrossed,1368,4 (d) Return any telephone call requesting service of an ignition interlock device installed by the service provider within 45 minutes after receiving the call and repair or replace any defective ignition interlock device within 48 hours after receiving a call requesting service of the device.

AB100-engrossed,1368,6 (e) Install devices within 15 days after receiving a request to install an ignition interlock device.

AB100-engrossed,1368,8 (g) Provide the department, within 2 business days after installing or removing an ignition interlock device, with notice of the installation or removal.

AB100-engrossed,1368,12 (h) Provide the department, within 2 business days after inspecting an installed ignition interlock device, with notice of evidence of any tampering with, circumventing, or bypassing an ignition interlock device or of resetting violations recorded by the device.

AB100-engrossed,1368,15 (i) Provide the department with monthly reports summarizing electronic data from the ignition interlock devices in a format that is agreed upon by the department and the service provider.

AB100-engrossed,1368,19 (im) Provide the department with all of the software that is reasonably required by the department to access and interpret the data collected by an ignition interlock device or submitted under pars. (h) and (i) and with any technical support that is necessary to use the software.

AB100-engrossed,1368,21 (j) Provide the department in a timely manner with any other information reasonably requested by the department.

AB100-engrossed,1368,23 (k) Cooperate with any study by the department or the legislature of the ignition interlock device program.

AB100-engrossed,1368,24 (L) Provide all required services and products at no cost to the state.

AB100-engrossed,1369,2 (m) Provide the owner of the vehicle with a program of instruction on the proper use of the ignition interlock device.

AB100-engrossed,1369,4 (n) Refuse to install an ignition interlock device unless the person has completed the program of instruction under par. (m).

AB100-engrossed,1369,5 (4) No service provider may do any of the following:

AB100-engrossed,1369,7 (a) Contract with any person to have that person provide any services that are required to be performed by the service provider under sub. (3).

AB100-engrossed,1369,9 (b) Allow any business to be conducted from its service centers other than business directly related to providing service required under this section.

AB100-engrossed,1369,13 (5) A service provider may charge a restricted operator a periodic fee for services provided under this section. The amount of the fee shall be uniform statewide. No service provider may increase the fee charged to any person while that person is a restricted operator.

AB100-engrossed, s. 2691g Section 2691g. 110.20 (1) (ar) of the statutes is created to read:

AB100-engrossed,1369,18 110.20 (1) (ar) "Fleet vehicle" means a common motor carrier, as defined in s. 194.01 (1), contract motor carrier, as defined in s. 194.01 (2), or private motor carrier, as defined in s. 194.01 (11), registered in the name of a person whose name 3 or more such vehicles are registered.

AB100-engrossed, s. 2691m Section 2691m. 110.20 (9) (k) of the statutes is created to read:

AB100-engrossed,1369,22 110.20 (9) (k) Prescribe a procedure for the testing of stationary fleet vehicles, using equipment brought to the fleet vehicles for testing purposes, to determine the vehicles' compliance with the emissions limitations promulgated under s. 285.30.

AB100-engrossed, s. 2691mm Section 2691mm. 110.99 of the statutes is repealed.

AB100-engrossed, s. 2692tc Section 2692tc. 111.70 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 289, is amended to read:

AB100-engrossed,1370,23 111.70 (1) (a) "Collective bargaining" means the performance of the mutual obligation of a municipal employer, through its officers and agents, and the representative of its municipal employes in a collective bargaining unit, to meet and confer at reasonable times, in good faith, with the intention of reaching an agreement, or to resolve questions arising under such an agreement, with respect to wages, hours and conditions of employment, and with respect to a requirement of the municipal employer for a municipal employe to perform law enforcement and fire fighting services under s. 61.66, except as provided in sub. (4) (m) and (n) to (o) and s. 40.81 (3) and except that a municipal employer shall not meet and confer with respect to any proposal to diminish or abridge the rights guaranteed to municipal employes under ch. 164. The duty to bargain, however, does not compel either party to agree to a proposal or require the making of a concession. Collective bargaining includes the reduction of any agreement reached to a written and signed document. The municipal employer shall not be required to bargain on subjects reserved to management and direction of the governmental unit except insofar as the manner of exercise of such functions affects the wages, hours and conditions of employment of the municipal employes in a collective bargaining unit. In creating this subchapter the legislature recognizes that the municipal employer must exercise its powers and responsibilities to act for the government and good order of the jurisdiction which it serves, its commercial benefit and the health, safety and welfare of the public to assure orderly operations and functions within its jurisdiction, subject to those rights secured to municipal employes by the constitutions of this state and of the United States and by this subchapter.

AB100-engrossed, s. 2692td Section 2692td. 111.70 (4) (jm) 5. of the statutes is repealed and recreated to read:

AB100-engrossed,1371,6 111.70 (4) (jm) 5. In determining the proper compensation to be received by members of the police department under subd. 4., the arbitrator shall consider the following factors, with the greatest weight given to the factor specified under subd. 5. a., the next greatest weight given to the factor specified under subd. 5. b., the next greatest weight given to the factor specified under subd. 5. c. and the next greatest weight given to the factor specified under subd. 5. d.:

AB100-engrossed,1371,10 a. Comparison of all of the items of compensation specified in subd. 4. of the municipal employes in the collective bargaining unit with such items of compensation of other municipal law enforcement officers in the metropolitan area in which the 1st class city is located.

AB100-engrossed,1371,13 b. Comparison of the respective crime rates, and workloads of and risks of injury to law enforcement officers, in the 1st class city and any other jurisdiction with which comparisons are made under subd. 5. a.

AB100-engrossed,1371,16 c. The increase in the average consumer prices for goods and services, commonly known as the cost of living, during the term of the predecessor collective bargaining agreement.

AB100-engrossed,1371,20 d. Comparison of all of the items of compensation specified in subd. 4. of the municipal employes in the collective bargaining unit with such items of compensation of other municipal law enforcement officers in comparable communities in this state.

AB100-engrossed, s. 2692tm Section 2692tm. 111.70 (4) (n) of the statutes, as created by 1995 Wisconsin Act 289, is repealed.

AB100-engrossed, s. 2692tn Section 2692tn. 111.70 (4) (o) of the statutes is created to read:

AB100-engrossed,1372,8 111.70 (4) (o) Permissive subjects of collective bargaining. In a school district, the municipal employer is not required to bargain collectively with respect to the establishment of the school calendar. This paragraph shall not be construed to eliminate a school district's duty to bargain collectively with the recognized or certified representative of school district employes in a collective bargaining unit concerning the total number of days of work and the number of those days which are allocated to different purposes such as days on which school is taught, in-service days, staff preparation days, convention days, paid holidays and parent-teacher conference days, and to bargain collectively with that representative with regard to the impact of the school calendar on wages, hours and conditions of employment.

AB100-engrossed, s. 2692tp Section 2692tp. 111.91 (2) (k) of the statutes, as created by 1995 Wisconsin Act 289, is amended to read:

AB100-engrossed,1372,12 111.91 (2) (k) Compliance with the health benefit plan requirements under ss. 632.745 (1) to (3) and (5) and 632.746 (1) to (8) and (10), 632.747 and 632.748.

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

AB100-engrossed,1372,18 111.91 (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-engrossed, s. 2693p Section 2693p. 111.91 (2) (n) of the statutes is created to read:

AB100-engrossed,1372,21 111.91 (2) (n) The provision to employes of the health insurance coverage required under s. 632.895 (11) to (13).

AB100-engrossed, s. 2694 Section 2694. Chapter 115 (title) of the statutes is amended to read:

AB100-engrossed,1372,23 CHAPTER 115

AB100-engrossed,1373,2 DEPARTMENT OF EDUCATION state superintendent; GENERAL CLASSIFICATIONS AND DEFINITIONS; HANDICAPPED CHILDREN

AB100-engrossed, s. 2695 Section 2695. 115.001 (1) of the statutes is amended to read:

AB100-engrossed,1373,6 115.001 (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-engrossed, s. 2695g Section 2695g. 115.001 (2) of the statutes is amended to read:

AB100-engrossed,1373,9 115.001 (2) Department. "Department" means the department of education public instruction.

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

AB100-engrossed,1373,14 115.001 (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-engrossed, s. 2696 Section 2696. 115.001 (13m) of the statutes is repealed.

AB100-engrossed, s. 2697 Section 2697. Subchapter II (title) of chapter 115 [precedes 115.28] of the statutes is repealed and recreated to read:

AB100-engrossed,1373,18 Chapter 115

AB100-engrossed,1373,19 Subchapter II

AB100-engrossed,1373,21 State superintendent of public instruction

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

AB100-engrossed,1373,23 115.28 General duties. (intro.) The department state superintendent shall:

AB100-engrossed, s. 2698 Section 2698. 115.28 (3m) of the statutes is repealed and recreated to read:

AB100-engrossed,1374,6 115.28 (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-engrossed,1374,8 (b) Promulgate rules establishing procedures for the reorganization of cooperative educational service agencies and boundary appeals.

AB100-engrossed,1374,12 (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-engrossed, s. 2698m Section 2698m. 115.28 (5) of the statutes is amended to read:

AB100-engrossed,1374,16 115.28 (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-engrossed, s. 2699 Section 2699. 115.28 (7) (a) of the statutes is amended to read:

AB100-engrossed,1374,24 115.28 (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-engrossed, s. 2699g Section 2699g. 115.28 (7) (b) of the statutes is amended to read:

AB100-engrossed,1375,10 115.28 (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-engrossed, s. 2699r Section 2699r. 115.28 (7) (e) 2. of the statutes is amended to read:

AB100-engrossed,1375,19 115.28 (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.