AB768: Bill Text

AB768, s. 354 Section 354. 106.04 (6) (b) of the statutes is amended to read:

AB768,187,13 106.04 (6) (b) Powers and duties of department. The department of workforce development and its duly authorized agents may hold hearings, subpoena witnesses, take testimony and make investigations as provided in this subsection. The department of workforce development may test and investigate for the purpose of establishing violations of sub. (2), (2m) or (2r) and may make, sign and file complaints alleging violations of sub. (2), (2m) or (2r). In addition, the department of commerce may make, sign and file complaints alleging violations of sub. (2r) (c). The department of workforce development shall employ examiners to hear and decide complaints of discrimination under this section, and to assist in the administration of this section. The examiners may make findings and issue orders under this subsection. The department of workforce development shall develop and implement an investigation manual for use in conducting investigations under par. (c).

AB768, s. 355 Section 355. 111.70 (1) (fm) of the statutes is created to read:

AB768,187,21 111.70 (1) (fm) "Fringe benefit savings" means the amount, if any, by which 1.7% of the total compensation and fringe benefit costs for all municipal employes in a collective bargaining unit for any 12-month period covered by a proposed collective bargaining agreement exceeds the increased cost required to maintain the percentage contribution by the municipal employer to the municipal employes' existing fringe benefit costs and to maintain all fringe benefits provided to the municipal employes, as determined under sub. (4) (cm) 8s.

AB768, s. 356 Section 356. 111.70 (1) (nc) 1. b. of the statutes is amended to read:

AB768,188,25 111.70 (1) (nc) 1. b. In any collective bargaining unit in which the municipal employe positions were on August 12, 1993, assigned to salary ranges with steps that determine the levels of progression within each salary range during a 12-month period, a proposal to provide for a salary increase of at least one full step for each 12-month period covered by the proposed collective bargaining agreement, beginning with the expiration date of any previous collective bargaining agreement, for each municipal employe who is eligible for a within range salary increase, unless the increased cost of providing such a salary increase, as determined under sub. (4) (cm) 8s., exceeds 2.1% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit for any 12-month period covered by the proposed collective bargaining agreement plus any fringe benefit savings, or unless the increased cost required to maintain the percentage contribution by the municipal employer to the municipal employes' existing fringe benefit costs and to maintain all fringe benefits provided to the municipal employes, as determined under sub. (4) (cm) 8s., in addition to the increased cost of providing such a salary increase, exceeds 3.8% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit for any 12-month period covered by the proposed collective bargaining agreement, in which case the offer shall include provision for a salary increase for each such municipal employe in an amount at least equivalent to that portion of a step for each such 12-month period that can be funded after the increased cost in excess of 2.1% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit plus any fringe benefit savings is subtracted, or in an amount equivalent to that portion of a step for each such 12-month period that can be funded from the amount that remains, if any, after the increased cost of such maintenance exceeding 1.7% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit for each 12-month period is subtracted on a prorated basis, whichever is the lower amount.

AB768, s. 357 Section 357. 111.70 (1) (nc) 1. c. of the statutes is amended to read:

AB768,190,8 111.70 (1) (nc) 1. c. A proposal to provide for an average salary increase for each 12-month period covered by the proposed collective bargaining agreement, beginning with the expiration date of any previous collective bargaining agreement, for the municipal employes in the collective bargaining unit at least equivalent to an average cost of 2.1% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit for each 12-month period covered by the proposed collective bargaining agreement plus any fringe benefit savings, beginning with the expiration date of any previous collective bargaining agreement, including that percentage required to provide for any step increase and any increase due to a promotion or the attainment of increased professional qualifications, as determined under sub. (4) (cm) 8s., unless the increased cost of providing such a salary increase, as determined under sub. (4) (cm) 8s., exceeds 2.1% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit for any 12-month period covered by the proposed collective bargaining agreement plus any fringe benefit savings, or unless the increased cost required to maintain the percentage contribution by the municipal employer to the municipal employes' existing fringe benefit costs and to maintain all fringe benefits provided to the municipal employes, as determined under sub. (4) (cm) 8s., in addition to the increased cost of providing such a salary increase, exceeds 3.8% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit for any 12-month period covered by the collective bargaining agreement, in which case the offer shall include provision for a salary increase for each such period for the municipal employes covered by the agreement at least equivalent to an average of that percentage, if any, for each such period of the prorated portion of 2.1% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit plus any fringe benefit savings that remains, if any, after the increased cost of such maintenance exceeding 1.7% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit for each 12-month period and the cost of a salary increase of at least one full step for each municipal employe in the collective bargaining unit who is eligible for a within range salary increase for each 12-month period is subtracted from that total cost.

AB768, s. 358 Section 358. 115.31 (title) of the statutes is amended to read:

AB768,190,10 115.31 (title) License or permit revocation; reports; investigation.

AB768, s. 359 Section 359. 115.31 (6m) of the statutes is created to read:

AB768,190,15 115.31 (6m) The department of public instruction shall, without a hearing, revoke a license or permit granted by the department of public instruction if the department of revenue certifies under s. 73.0301 that the licensee or permit holder is liable for delinquent taxes.

AB768, s. 360 Section 360. 115.405 of the statutes is created to read:

AB768,191,4 115.405 Grant program for peer review and mentoring. (1) A cooperative educational service agency or a consortium consisting of 2 or more school districts or cooperative educational service agencies, or a combination thereof, may apply to the department for a grant to provide technical assistance and training for teachers who are licensed or have been issued a permit under ss. 115.28 (7) and 118.192 to implement peer review and mentoring programs. An applicant for a grant under this section shall submit to the department a plan identifying the school districts and cooperative educational service agencies that will participate in the peer review and mentoring program and describing how the grant funds will be allocated. As a condition of receiving a grant under this section, a cooperative educational service agency or a consortium shall provide matching funds in an amount equal to at least 20% of the amount of the grant awarded. The matching funds may be in the form of money or in-kind services or both.

AB768,191,7 (2) The department shall award grants from the appropriation under s. 20.255 (2) (fk). The department may not award more than $25,000 to an applicant in a fiscal year.

AB768,191,9 (3) The department shall promulgate rules to implement and administer this section.

AB768, s. 361 Section 361. 115.42 of the statutes is created to read:

AB768,191,18 115.42 National teacher certification. (1) Beginning July 1, 1999, any person who holds a teacher's license issued by the state superintendent and who becomes certified by the National Board for Professional Teaching Standards while employed as a teacher in this state may apply to the department for a grant and for partial reimbursement of the costs of obtaining certification. Upon receipt of an application, the department shall pay to the person, from the appropriation under s. 20.255 (3) (c), $3,000 plus an amount equal to one-half the costs of obtaining such certification.

AB768,191,23 (2) The department may not require, as a condition for renewing a person's teaching license, that the person have earned continuing professional education credits or their equivalent in the 5 years immediately preceding his or her application for renewal if he or she has been initially certified by the National Board for Professional Teaching Standards during those 5 years.

AB768, s. 362 Section 362. 118.19 (1m) of the statutes is created to read:

AB768,192,6 118.19 (1m) (a) The department of public instruction may not issue or renew a license or permit or revalidate a license that has no expiration date unless the applicant provides the department of public instruction with his or her social security number. The department of public instruction may not disclose the social security number except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768,192,10 (b) The department of public instruction may not issue or renew a license or permit or revalidate a license that has no expiration date if the department of revenue certifies under s. 73.0301 that the applicant, licensee or permit holder is liable for delinquent taxes.

AB768, s. 363 Section 363. 118.30 (1g) (c) of the statutes is created to read:

AB768,192,17 118.30 (1g) (c) Each school board operating elementary grades may develop or adopt its own examination designed to measure pupil attainment of knowledge and concepts in the 4th grade and may develop or adopt its own examination designed to measure pupil attainment of knowledge and concepts in the 8th grade. If the school board develops or adopts an examination under this paragraph, it shall notify the department.

AB768, s. 364 Section 364. 118.30 (1m) (a) of the statutes is renumbered 118.30 (1m) (a) 1. and amended to read:

AB768,193,2 118.30 (1m) (a) 1. Beginning in the 1996-97 school year, administer Administer the 4th grade examination adopted or approved by the state superintendent under sub. (1) (a) to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 4th grade. If the school board has not developed and adopted its own 4th grade examination, the school board shall provide a pupil with at least 2 opportunities to achieve a score on the examination administered under this subdivision that is sufficient for promotion under sub. (5) (a) 1.

AB768, s. 365 Section 365. 118.30 (1m) (a) 2. of the statutes is created to read:

AB768,193,8 118.30 (1m) (a) 2. If the school board has developed or adopted its own 4th grade examination, administer that examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 4th grade. The school board shall provide a pupil with at least 2 opportunities to pass the examination administered under this subdivision.

AB768, s. 366 Section 366. 118.30 (1m) (am) of the statutes is renumbered 118.30 (1m) (am) 1. and amended to read:

AB768,193,17 118.30 (1m) (am) 1. Administer the 8th grade examination adopted or approved by the state superintendent under sub. (1) (a) to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 8th grade. If the school board has not developed and adopted its own 8th grade examination, the school board shall provide a pupil with at least 2 opportunities to achieve a score on the examination administered under this subdivision that is sufficient for promotion under sub. (5) (b) 1.

AB768, s. 367 Section 367. 118.30 (1m) (am) 2. of the statutes is created to read:

AB768,193,23 118.30 (1m) (am) 2. If the school board has developed or adopted its own 8th grade examination, administer that examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 8th grade. The school board shall provide a pupil with at least 2 opportunities to pass the examination administered under this subdivision.

AB768, s. 368 Section 368. 118.30 (5) of the statutes is created to read:

AB768,194,2 118.30 (5) (a) Except as provided in par. (c), a school board may not promote a 4th grade pupil to the 5th grade unless one of the following applies:

AB768,194,6 1. If the school board does not administer its own 4th grade examination under sub. (1m) (a) 2., the pupil's score in each subject area on the examination administered under sub. (1m) (a) 1. is at the basic level or above, as determined by the state superintendent.

AB768,194,9 2. If the school board administers its own 4th grade examination under sub. (1m) (a) 2., the pupil achieves a passing score on that examination, as determined by the school board.

AB768,194,11 (b) Except as provided in par. (c), a school board may not promote an 8th grade pupil to the 9th grade unless one of the following applies:

AB768,194,15 1. If the school board does not administer its own 8th grade examination under sub. (1m) (am) 2., the pupil's score in each subject area on the examination administered under sub. (1m) (am) 1. is at the basic level or above, as determined by the state superintendent.

AB768,194,18 2. If the school board administers its own 8th grade examination under sub. (1m) (am) 2., the pupil achieves a passing score on that examination, as determined by the school board.

AB768,194,23 (c) Each school board shall develop alternative criteria for evaluating a pupil who did not take the 4th grade or the 8th grade examination that was required for promotion as a result of sub. (2) (b). A school board may promote a pupil who did not take the examination that was required for promotion as a result of sub. (2) (b) if the pupil satisfies the alternative criteria.

AB768, s. 369 Section 369. 121.15 (3m) (c) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,195,3 121.15 (3m) (c) By June 30, 1998 1999, and annually by June 30 thereafter, the joint committee on finance shall determine the amount appropriated under s. 20.255 (2) (ac) in the following school year.

AB768, s. 370 Section 370. 127.17 (2) (a) of the statutes is amended to read:

AB768,195,11 127.17 (2) (a) Grounds; procedure for suspension or revocation. The department may deny, suspend or revoke a warehouse keeper's or grain dealer's license if the warehouse keeper or grain dealer violates this chapter or any rule promulgated or special order issued under this chapter. The department may suspend or revoke a license under this paragraph by special order under sub. (1) (a) 1. or, if necessary to prevent clear and imminent harm to producers or depositors, by a summary special order under sub. (1) (a) 2.

AB768, s. 371 Section 371. 127.17 (2) (b) of the statutes is amended to read:

AB768,195,15 127.17 (2) (b) Suspension of grain dealer license. If a grain dealer's license is suspended under par. (a), the grain dealer may not purchase or receive grain from producers or sell or ship grain, except under the supervision of the department.

AB768, s. 372 Section 372. 127.17 (2) (c) 1. of the statutes is amended to read:

AB768,195,19 127.17 (2) (c) 1. If a grain dealer's license is revoked under par. (a), the grain dealer may not purchase, receive, sell or ship grain except as the department permits by order.

AB768, s. 373 Section 373. 127.17 (2) (d) of the statutes is amended to read:

AB768,195,24 127.17 (2) (d) Suspension of a warehouse keeper's license. If a warehouse keeper's license is suspended under par. (a), the warehouse keeper may not purchase or receive grain from depositors or sell or ship grain, except under the supervision of the department.

AB768, s. 374 Section 374. 127.17 (2) (e) 1. of the statutes is amended to read:

AB768,196,3 127.17 (2) (e) 1. If a warehouse keeper's license is revoked under par. (a), the warehouse keeper may not purchase, receive, sell or ship grain except as the department permits by order.

AB768, s. 375 Section 375. 138.09 (1m) of the statutes is renumbered 138.09 (1m) (a).

AB768, s. 376 Section 376. 138.09 (1m) (b) of the statutes is created to read:

AB768,196,7 138.09 (1m) (b) 1. An application under par. (a) for a license shall contain the following:

AB768,196,8 a. If the applicant is an individual, the applicant's social security number.

AB768,196,10 b. If the applicant is not an individual, the applicant's federal employer identification number.

AB768,196,13 2. The division may not disclose any information received under subd. 1. to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768, s. 377 Section 377. 138.09 (3) (a) of the statutes is amended to read:

AB768,196,23 138.09 (3) (a) Upon the filing of such application and the payment of such fee, the division shall investigate the relevant facts, and if. Except as provided in par. (am), if the division shall find that the character and general fitness and the financial responsibility of the applicant, and the members thereof if the applicant is a partnership, limited liability company or association, and the officers and directors thereof if the applicant is a corporation, warrant the belief that the business will be operated in compliance with this section the division shall thereupon issue a license to said applicant to make loans in accordance with the provisions of this section. If the division shall not so find, the division shall deny such application.

AB768, s. 378 Section 378. 138.09 (3) (am) of the statutes is created to read:

AB768,197,4 138.09 (3) (am) The division may not issue a license under this section to an applicant, if the applicant fails to provide the information required under sub. (1m) (b) 1. or if the department of revenue certifies under s. 73.0301 that the applicant is liable for delinquent taxes.

AB768, s. 379 Section 379. 138.09 (4) of the statutes is renumbered 138.09 (4) (a).

AB768, s. 380 Section 380. 138.09 (4) (b) of the statutes is created to read:

AB768,197,11 138.09 (4) (b) The division shall revoke a license under this section if the department of revenue certifies that the licensee is liable for delinquent taxes under s. 73.0301. A licensee whose license is revoked under this paragraph for delinquent taxes is entitled to a hearing under s. 73.0301 (5) (a) but is not entitled to a hearing under par. (a).

AB768, s. 381 Section 381. 138.12 (3) (d) of the statutes is created to read:

AB768,197,14 138.12 (3) (d) 1. An application for a license under this section shall contain the following:

AB768,197,15 a. If the applicant is an individual, the applicant's social security number.

AB768,197,17 b. If the applicant is not an individual, the applicant's federal employer identification number.

AB768,197,20 2. The division may not disclose any information received under subd. 1. to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768, s. 382 Section 382. 138.12 (4) (a) of the statutes is amended to read:

AB768,198,4 138.12 (4) (a) Upon the filing of an application and the payment of the required fees under par. (am) 1., the division shall make an investigation of each applicant and shall issue a license if the division finds the applicant is qualified in accordance with this section. If the division does not so find, the division shall, within 30 days after the division has received the application, notify the applicant and, at the request of the applicant, give the applicant a full hearing, except that an applicant whose application is denied under par. (b) 5. is entitled to a hearing under s. 73.0301 (5) (a) but is not entitled to a hearing under this paragraph.

AB768, s. 383 Section 383. 138.12 (4) (b) 4. and 5. of the statutes are created to read:

AB768,198,6 138.12 (4) (b) 4. Has provided the information required under sub. (3) (d) 1.

AB768,198,8 5. Has not been certified by the department of revenue under s. 73.0301 as being liable for delinquent taxes.

AB768, s. 384 Section 384. 138.12 (5) (am) of the statutes is created to read:

AB768,198,16 138.12 (5) (am) 1. The division shall deny an application for renewal of a license as an insurance premium finance company if the division finds that the applicant has failed to provide the information required under sub. (3) (d) 1. or if the department of revenue has certified under s. 73.0301 that the applicant is liable for delinquent taxes under s. 73.0301. An applicant whose renewal application is denied under this subdivision for delinquent taxes is entitled to a hearing under s. 73.0301 (5) (a) but is not entitled to a hearing under par. (b).

AB768,198,21 2. The division shall revoke the license of any insurance premium finance company if the department of revenue has certified under s. 73.0301 that the licensee is liable for delinquent taxes under s. 73.0301. A licensee whose license is revoked under this subdivision for delinquent taxes is entitled to a hearing under s. 73.0301 (5) (a) but is not entitled to a hearing under par. (b).

AB768, s. 385 Section 385. 139.03 (2x) (c) of the statutes is amended to read:

AB768,199,2 139.03 (2x) (c) Administration. Sections 71.74 (1), (2), (10), (11), (13) and (14), 71.75 (4) to (7), 71.80 (12), 71.82 (2), 71.83 (2) (b) 3., 71.88 (1) (a) and (2) (a), 71.89, 71.90, 71.91 (1) (a) and (c) and (2) to (8) (7), 71.92, 73.01 and, 73.015 and 73.0301 apply to the administration of this subsection for the assessment and collection of additional taxes when tax rate changes become effective.

AB768, s. 386 Section 386. 139.03 (4) of the statutes is amended to read:

AB768,199,8 139.03 (4) Sections 71.74 (1), (2), (10), (11), (13) and (14), 71.75 (4) to (7), 71.80 (12), 71.82 (2), 71.83 (2) (b) 3., 71.88 (1) (a) and (2) (a), 71.89, 71.90, 71.91 (1) (a) and (c) and (2) to (8) (7), 71.92, 73.01 and, 73.015 and 73.0301 apply to the administration of this section for the assessment and collection of additional taxes when a tax rate change becomes effective.

AB768, s. 387 Section 387. 139.315 (3) of the statutes is amended to read:

AB768,199,13 139.315 (3) Administration. Sections 71.74 (1), (2), (10), (11), (13) and (14), 71.75 (4) to (7), 71.80 (12), 71.82 (2), 71.83 (2) (b) 3., 71.88 (1) (a) and (2) (a), 71.89, 71.90, 71.91 (1) (a) and (c) and (2) to (8) (7), 71.92, 73.01 and, 73.015 and 73.0301 apply to this section.

AB768, s. 388 Section 388. 139.39 (6) of the statutes is amended to read:

AB768,199,20 139.39 (6) Sections 71.74 (1), (2), (10), (11) and (14), 71.77, 71.80 (12), 71.91 (1) (a) and (c) and (2) to (8) and (7), 71.92 and 73.0301 as they apply to the taxes under ch. 71 apply to the taxes under this subchapter. Section 71.74 (13) as it applies to the collection of the taxes under ch. 71 applies to the collection of the taxes under this subchapter, except that the period during which notice of an additional assessment shall be given begins on the due date of the report under this subchapter.

AB768, s. 389 Section 389. 146.40 (3) of the statutes is amended to read:

AB768,200,8 146.40 (3) The Except as provided in sub. (4d), the department shall certify instructional and competency evaluation programs for nurse's assistants, for home health aides and for hospice aides that apply for certification and satisfy standards for certification promulgated by rule by the department. The department shall review the curriculum of each certified instructional and competency evaluation program at least once every 36 months following the date of certification to determine whether the program satisfies the standards for certification. The Under this subsection, the department may, after providing notice, suspend or revoke the certification of an instructional and competency evaluation program or impose a plan of correction on the program if the program does not satisfy the standards for certification or operates under conditions that are other than those contained in the application approved by the department.

AB768, s. 390 Section 390. 146.40 (3m) of the statutes is amended to read: