Amendment ASA1-SB55

SB55-ASA1, s. 1328 Section 1328. 102.475 (1) of the statutes is amended to read:

SB55-ASA1,904,17 102.475 (1) Special benefit. If the deceased employee is a law enforcement officer, correctional officer, fire fighter, rescue squad member, diving team member, national guard member, naval militia member, or state defense force member on state active duty as described in s. 102.07 (9) or if a deceased person is an employee or volunteer performing emergency management activities under ch. 166 during a state of emergency or a circumstance described in s. 166.04, who sustained an accidental injury while performing services growing out of and incidental to that employment or volunteer activity so that benefits are payable under s. 102.46 or 102.47 (1), the department shall voucher and pay from the appropriation under s. 20.445 (1) (aa) a sum equal to 75% of the primary death benefit as of the date of death, but not less than $50,000 to the persons wholly dependent upon the deceased. For purposes of this subsection, dependency shall be determined under ss. 102.49 and 102.51.

SB55-ASA1, s. 1329 Section 1329. 103.49 (1) (f) of the statutes is amended to read:

SB55-ASA1,904,24 103.49 (1) (f) "State agency" means any office, department, independent agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts. "State agency" also includes the University of Wisconsin Hospitals and Clinics Authority and the Fox River Navigational System Authority.

SB55-ASA1, s. 1330 Section 1330. 103.49 (2) of the statutes is amended to read:

SB55-ASA1,905,24 103.49 (2) Prevailing wage rates and hours of labor. Any contract hereafter made for the erection, construction, remodeling, repairing, or demolition of any project of public works, except contracts for the construction or maintenance of public highways, streets, and bridges, to which the state , or any state agency or the University of Wisconsin Hospitals and Clinics Authority is a party shall contain a stipulation that no person performing the work described in sub. (2m) may be permitted to work a greater number of hours per day or per week than the prevailing hours of labor, except that any such person may be permitted or required to work more than such prevailing hours of labor per day and per week if he or she is paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times his or her hourly basic rate of pay; nor may he or she be paid less than the prevailing wage rate determined under sub. (3) in the same or most similar trade or occupation in the area wherein such project of public works is situated. A reference to the prevailing wage rates determined under sub. (3) and the prevailing hours of labor shall be published in the notice issued for the purpose of securing bids for the project. If any contract or subcontract for a project that is subject to this section is entered into, the prevailing wage rates determined under sub. (3) and the prevailing hours of labor shall be physically incorporated into and made a part of the contract or subcontract, except that for a minor subcontract, as determined by the department, the department shall prescribe by rule the method of notifying the minor subcontractor of the prevailing wage rates and prevailing hours of labor applicable to the minor subcontract. The prevailing wage rates and prevailing hours of labor applicable to a contract or subcontract may not be changed during the time that the contract or subcontract is in force.

SB55-ASA1, s. 2558j Section 2558j. 103.49 (3) (ar) of the statutes is amended to read:

SB55-ASA1,906,10 103.49 (3) (ar) In determining prevailing wage rates under par. (a) or (am), the department may not use data from projects that are subject to this section, s. 66.0903, 103.50, or 229.8275, or 40 USC 276a unless the department determines that there is insufficient wage data in the area to determine those prevailing wage rates, in which case the department may use data from projects that are subject to this section, s. 66.0903, 103.50, or 229.8275, or 40 USC 276a. The department may also use data from a project that is subject to this section, s. 66.0903, 103.50, or 229.8275, or 40 USC 276a in determining prevailing wage rates under par. (a) or (am) if the department determines that the wage rate paid on that project is higher than the prevailing wage rate determined for that project.

SB55-ASA1, s. 2558m Section 2558m. 103.49 (5) (a) of the statutes is amended to read:

SB55-ASA1,907,2 103.49 (5) (a) Each contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person performing the work described in sub. (2m) and an accurate record of the number of hours worked by each of those persons and the actual wages paid for the hours worked. If requested by any person, a contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project that is subject to this section shall permit that person to inspect and copy any of those records to the same extent as if the record were maintained by the department, except that s. 19.36 (3) does not limit the duty of a subcontractor or a contractor's or subcontractor's agent to permit inspection and copying of a record under this paragraph. Before permitting the inspection and copying of a record under this paragraph, a contractor, subcontractor, or contractor's or subcontractor's agent shall delete from the record any personally identifiable information, as defined in s. 19.62 (5), contained in the record about any person performing the work described in sub. (2m).

SB55-ASA1, s. 1331 Section 1331. 103.49 (7) (a) of the statutes is amended to read:

SB55-ASA1,907,17 103.49 (7) (a) Except as provided under pars. (b) and (c), the department shall distribute to all state agencies and to the University of Wisconsin Hospitals and Clinics Authority a list of all persons whom the department has found to have failed to pay the prevailing wage rate determined under sub. (3) or has found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor at any time in the preceding 3 years. The department shall include with any name the address of the person and shall specify when the person failed to pay the prevailing wage rate and when the person paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor. A state agency or the University of Wisconsin Hospitals and Clinics Authority may not award any contract to the person unless otherwise recommended by the department or unless 3 years have elapsed from the date the department issued its findings or date of final determination by a court of competent jurisdiction, whichever is later.

SB55-ASA1, s. 2559d Section 2559d. 103.50 (6m) of the statutes is created to read:

SB55-ASA1,908,9 103.50 (6m) Records; inspection. Each contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person performing the work described in sub. (2m) and an accurate record of the number of hours worked by each of those persons and the actual wages paid for the hours worked. If requested by any person, a contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project that is subject to this section shall permit that person to inspect and copy any of those records to the same extent as if the record were maintained by the department, except that s. 19.36 (3) does not limit the duty of a subcontractor or a contractor's or subcontractor's agent to permit inspection and copying of a record under this subsection. Before permitting the inspection and copying of a record under this subsection, a contractor, subcontractor, or contractor's or subcontractor's agent shall delete from the record any personally identifiable information, as defined in s. 19.62 (5), contained in the record about any person performing the work described in sub. (2m).

SB55-ASA1, s. 2559g Section 2559g. 103.64 (1m) of the statutes is created to read:

SB55-ASA1,908,11 103.64 (1m) "Farming" has the meaning given in s. 102.04 (3).

SB55-ASA1, s. 2559j Section 2559j. 103.67 (2) (e) of the statutes is amended to read:

SB55-ASA1,908,14 103.67 (2) (e) Minors 12 years of age or older may be employed in agricultural pursuits farming.

SB55-ASA1, s. 2559m Section 2559m. 103.70 (1) of the statutes is amended to read:

SB55-ASA1,908,25 103.70 (1) Except as otherwise provided in sub. (2) and in ss. 103.21 to 103.31, 103.78, 938.245 (2) (a) 5. b., 938.32 (1t) (a) 2. and 938.34 (5) (b) and (5g) (c), and as may be provided under s. 103.79, a minor, unless indentured as an apprentice in accordance with s. 106.01, or unless 12 years and over and engaged in agricultural pursuits farming, or unless 14 years and over and enrolled in a youth apprenticeship program under s. 106.13, shall not be employed or permitted to work at any gainful occupation or employment unless there is first obtained from the department or a permit officer a written permit authorizing the employment of the minor within those periods of time stated in the permit, which shall not exceed the maximum hours prescribed by law.

SB55-ASA1, s. 2560d Section 2560d. 103.805 (1) of the statutes is amended to read:

SB55-ASA1,909,15 103.805 (1) The department or a permit officer shall fix and collect a reasonable fee based on the cost of issuance of collect a fee in the amount of $7 for issuing permits under ss. 103.25 and 103.71 and certificates of age under s. 103.75. The department may authorize the retention of the fees by the A person designated to issue permits and certificates of age as compensation for the person's services if the person who is not on the payroll of the division administering this chapter may retain $2.50 of that fee as compensation for the person's services and shall forward $4.50 of that fee to the department, which shall deposit that amount forwarded into the general fund and credit $2 of that amount forwarded to the appropriation account under s. 20.445 (1) (j). A person designated to issue permits and certificates of age who is on the payroll of the division administering this chapter shall forward that fee to the department, which shall deposit that fee into the general fund and credit $2 of that fee to the appropriation account under s. 20.445 (1) (j). The permit officer shall account for all fees collected as the department prescribes.

SB55-ASA1, s. 2560r Section 2560r. 106.01 (11) of the statutes is created to read:

SB55-ASA1,909,22 106.01 (11) From the appropriation under s. 20.445 (1) (kt), the department shall provide a trade masters pilot program to recognize advanced training and postapprenticeship achievements in 3 trades, crafts, or businesses, one of which shall be in the industrial sector, one in the construction sector, and one in the service sector of the economy. By July 1, 2010, the department shall submit to the legislature under s. 13.171 (2) an evaluation of the effectiveness of the program.

SB55-ASA1, s. 1332 Section 1332. 106.12 (4) of the statutes is created to read:

SB55-ASA1,910,5 106.12 (4) Publications and seminars. The board may provide publications and seminars relating to the employment and education programs administered by the board and may establish a schedule of fees for those publications and seminars. Fees established under this subsection for publications and seminars provided by the board may not exceed the actual cost incurred in providing those publications and seminars. The fees collected under this subsection shall be credited to the appropriation account under s. 20.445 (7) (ga).

SB55-ASA1, s. 2562m Section 2562m. 106.13 (1) (a) of the statutes is amended to read:

SB55-ASA1,910,8 106.13 (1) (a) A youth apprenticeship program that includes the grant programs under subs. (3) (3m) and (4).

SB55-ASA1, s. 1333 Section 1333. 106.13 (3m) (a) of the statutes is amended to read:

SB55-ASA1,910,14 106.13 (3m) (a) In this subsection, "local partnership" means one or more school districts, or any combination of one or more school districts, other public agencies, as defined in sub. (4) (a) 2., nonprofit organizations, as defined in sub. (4) (a) 1. 1r., individuals or other persons, who have agreed to be responsible for implementing and coordinating a local youth apprenticeship program.

SB55-ASA1, s. 2564m Section 2564m. 106.13 (3m) (b) (intro.) of the statutes is amended to read:

SB55-ASA1,911,2 106.13 (3m) (b) (intro.) From the appropriation under s. 20.445 (7) (b), the board shall award grants to applying local partnerships for the implementation and coordination of local youth apprenticeship programs. A local partnership shall include in its grant application the identity of each public agency, nonprofit organization, individual, and other person who is a participant in the local partnership, a plan to accomplish the implementation and coordination activities specified in subds. 1. to 6., and the identity of a fiscal agent who shall be responsible for receiving, managing, and accounting for the grant moneys received under this paragraph. A Subject to par. (c), a local partnership that is awarded a grant under this paragraph may use the grant moneys awarded for any of the following implementation and coordination activities:

SB55-ASA1, s. 2564p Section 2564p. 106.13 (3m) (c) of the statutes is created to read:

SB55-ASA1,911,6 106.13 (3m) (c) A local partnership that is awarded a grant under par. (b) may not use any of the grant moneys awarded to provide funding to a business that is operated for profit or to a nonprofit organization that represents business interests.

SB55-ASA1, s. 1334 Section 1334. 106.13 (4) (a) 1. of the statutes is renumbered 106.13 (4) (a) 1r.

SB55-ASA1, s. 1335 Section 1335. 106.13 (4) (a) 1d. of the statutes is created to read:

SB55-ASA1,911,11 106.13 (4) (a) 1d. "Eligible employer" means an employer that is eligible to receive a grant under this subsection according to the criteria established by the board under par. (d).

SB55-ASA1, s. 1336 Section 1336. 106.13 (4) (b) of the statutes is amended to read:

SB55-ASA1,911,25 106.13 (4) (b) From the appropriation under s. 20.445 (7) (em), the board may award a grant to a public agency or a nonprofit organization, or to an eligible employer that is responsible for the on-the-job training and supervision of a youth apprentice. A public agency or non-profit nonprofit organization that receives a grant under this subsection shall use the funds awarded under the grant to award training grants to eligible employers that provide on-the-job training and supervision for youth apprentices. Subject to par. (c), a training grant provided under this subsection may be awarded to an eligible employer for each youth apprentice who receives at least 180 hours of paid on-the-job training from the eligible 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.

SB55-ASA1, s. 1337 Section 1337. 106.13 (4) (c) of the statutes is amended to read:

SB55-ASA1,912,6 106.13 (4) (c) Notwithstanding par. (b), the board may award a training grant under this subsection to an eligible 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 board determines that it would be beneficial for the youth apprentice to receive on-the-job training from more than one eligible employer.

SB55-ASA1, s. 1338 Section 1338. 106.13 (4) (d) of the statutes is created to read:

SB55-ASA1,912,12 106.13 (4) (d) The board shall establish eligibility criteria for a grant under this subsection. That criteria shall specify that eligibility for a grant shall be limited to small employers, as determined by the board, and to employers providing on-the-job training in employment areas determined by the board. Notwithstanding sub. (5), those criteria need not be promulgated as rules.

SB55-ASA1, s. 1339 Section 1339. 106.14 (1) of the statutes is renumbered 106.14 and amended to read:

SB55-ASA1,912,19 106.14 Job centers and career counseling centers. The department shall provide a job center network throughout the state through which job seekers may receive comprehensive career planning, job placement, and job training information. As part of the job center network, the department shall provide career counseling centers at which youths may receive the services specified in sub. (2).

SB55-ASA1, s. 2571d Section 2571d. 106.14 (2) of the statutes is repealed.

SB55-ASA1, s. 1340 Section 1340. 106.215 (1) (e) of the statutes is amended to read:

SB55-ASA1,913,2 106.215 (1) (e) "Local unit of government" means the governing body of any city, town, village, county, county utility district, town sanitary district, public inland lake protection and rehabilitation district, metropolitan sewerage district or school district, the Fox-Winnebago regional management commission or the elected tribal governing body of a federally recognized American Indian tribe or band.

SB55-ASA1, s. 1341 Section 1341. 106.215 (10) (fm) 1. of the statutes is amended to read:

SB55-ASA1,913,5 106.215 (10) (fm) 1. Corps enrollees who have been crew leaders, regional crew leaders or a combination thereof for at least 2 years 6 months.

SB55-ASA1, s. 1342 Section 1342. 106.215 (10) (g) 3. of the statutes is amended to read:

SB55-ASA1,913,11 106.215 (10) (g) 3. The education voucher is valid for 3 4 years after the date of issuance for the payment of tuition and required program activity fees at any institution of higher education, as defined under s. 39.32 (1) (a), which in 20 USC 1002, that accepts the voucher, and the board shall authorize payment to the institution of face value of the voucher upon presentment.

SB55-ASA1, s. 1343 Section 1343. 110.20 (6) (a) 1. of the statutes is amended to read:

SB55-ASA1,913,17 110.20 (6) (a) 1. For a nonexempt vehicle required to be registered on an annual or other periodic basis in this state, within 90 days the period of time specified by the department under sub. (9) (d) prior to renewal of registration in the 2nd year after the nonexempt vehicle's model year and every 2 years thereafter, except as provided in sub. (9) (j).

SB55-ASA1, s. 1344 Section 1344. 110.20 (9) (d) of the statutes is amended to read:

SB55-ASA1,913,20 110.20 (9) (d) Specify a period of time during which an emissions inspection must be performed for a nonexempt vehicle subject to sub. (6) (a) 1. or 2.

SB55-ASA1, s. 1345 Section 1345. 111.70 (4) (jm) 4. k. of the statutes is created to read:

SB55-ASA1,914,2 111.70 (4) (jm) 4. k. Establish a system for conducting interrogations of members of the police department that is limited to the hours between 7 a.m. and 5 p.m. on working days, as defined in s. 227.01 (14), if the interrogations could lead to disciplinary action, demotion, or dismissal, but one that does not apply if the interrogation is part of a criminal investigation.

SB55-ASA1, s. 2615t Section 2615t. 114.31 (3) (b) of the statutes is amended to read:

SB55-ASA1,914,9 114.31 (3) (b) From the appropriation under s. 20.395 (2) (ds), the department shall administer an aviation career education program to provide training and apprenticeship opportunities associated with aviation careers for socially and economically disadvantaged youth. If there are interested and eligible participants for the program in the city of Green Bay, the department shall offer the program in the city of Green Bay.

SB55-ASA1, s. 1346 Section 1346. 115.28 (27) of the statutes is repealed.

SB55-ASA1, s. 1347 Section 1347. 115.28 (42) of the statutes is created to read:

SB55-ASA1,914,15 115.28 (42) Wisconsin geographic education program. Enter into an agreement with the National Geographic Society Education Foundation to establish a geographical education program in this state. The agreement shall require each of the following:

SB55-ASA1,914,19 (a) That the National Geographic Society Education Foundation shall establish and manage a trust fund consisting of any grant made under 2001 Wisconsin Act .... (this act), section 9101 (10) (b), and $500,000 in matching funds provided by the Foundation.

SB55-ASA1,914,23 (b) That, from the trust fund established under par. (a) and any income thereon, the National Geographic Society Education Foundation shall award grants and support programs for improving geographical education in this state, with an emphasis on improving student use of geographic information systems technology.

SB55-ASA1,915,3 (c) That the National Geographic Society Education Foundation annually submit to the department an audited financial statement of the trust fund established under par. (a) that is prepared by an independent auditor and a report listing the names of grant recipients and the amounts and purposes of awards and other expenditures made from the trust fund.

SB55-ASA1,915,7 (d) That, if the trust fund established under par. (a) is dissolved, the National Geographic Society Education Foundation shall return to the department the grant made under 2001 Wisconsin Act .... (this act), section 9101 (10) (b), and unexpended income thereon.

SB55-ASA1,915,12 (e) That the agreement is not effective unless the secretary of administration determines that the transfer between the appropriation accounts described under 2001 Wisconsin Act .... (this act), section 9101 (10) (b), has occurred and that the National Geographic Society Education Foundation has provided the matching funds described in par. (a).

SB55-ASA1, s. 2625m Section 2625m. 115.28 (45) of the statutes is created to read:

SB55-ASA1,915,21 115.28 (45) Special counselor grants. From the appropriation under s. 20.255 (2) (kL), award grants to school districts, cooperative educational service agencies, consortia consisting of 2 or more school districts or cooperative educational service agencies, or an educational organization that serves pupils in any grade from kindergarten to 12, if the school district, cooperative educational service agency, or educational organization serves American Indian pupils or borders on an American Indian reservation, for the purpose of employing counselors to help American Indian pupils adjust to the school districts in which they are enrolled.

SB55-ASA1, s. 2641m Section 2641m. 115.38 (2) of the statutes is repealed and recreated to read:

SB55-ASA1,916,2 115.38 (2) Upon request, each school board shall produce a copy of the most recent school and school district performance report to each parent or guardian of a pupil enrolled in the school district or enrolled in a charter school located in the school district, and, if the school district maintains an Internet site, shall make the report available to the public at that site.

SB55-ASA1, s. 1348 Section 1348. 115.42 (1) (a) 3. of the statutes is repealed.

SB55-ASA1, s. 1349 Section 1349. 115.42 (1) (b) of the statutes is amended to read:

SB55-ASA1,916,11 115.42 (1) (b) The grant under this subsection shall be an amount equal to the costs of obtaining certification under par. (a) 1. that are borne by the person, not to exceed $2,000. The department shall award the grant under this subsection in the school year in which the person is certified under par. (a) 1., except that if the person becomes certified under par. (a) 1. while he or she is not a resident of this state, the department shall award the grant under this subsection in the first school year in which the person meets the requirements under par. (a).

SB55-ASA1, s. 1350 Section 1350. 115.42 (2) (intro.) of the statutes is renumbered 115.42 (2) (a) (intro.) and amended to read:

SB55-ASA1,916,17 115.42 (2) (a) (intro.) The department shall award a 9 grants of $2,500 grant each to each person who received a grant under sub. (1) in each of the 9 school years following the school year in which he or she received the grant if the person satisfies all of the following requirements:

SB55-ASA1, s. 1351 Section 1351. 115.42 (2) (a) and (b) of the statutes are renumbered 115.42 (2) (a) 1. and 2.

SB55-ASA1, s. 1352 Section 1352. 115.42 (2) (bL) of the statutes is created to read:

SB55-ASA1,916,24 115.42 (2) (bL) The department shall award the grants under this subsection annually, one grant in each of the school years following the school year in which the grant under sub. (1) was awarded and in which the person satisfies the requirements under par. (a).

SB55-ASA1, s. 1353 Section 1353. 115.42 (2) (c) of the statutes is repealed.

SB55-ASA1, s. 1354 Section 1354. 115.42 (2) (d) of the statutes is renumbered 115.42 (2) (a) 4.

SB55-ASA1, s. 1355 Section 1355. 115.88 (2) of the statutes is amended to read:

SB55-ASA1,917,16 115.88 (2) Transportation aid. If upon receipt of the plan under s. 115.77 (4) the state superintendent is satisfied that the transportation of children with disabilities has been maintained during the preceding year in accordance with the law, the state superintendent shall certify to the department of administration in favor of each county, cooperative educational service agency, or school district transporting such pupils an amount equal to the amount expended for such transportation as costs eligible for reimbursement from the appropriations appropriation under s. 20.255 (2) (b) and (br). Pupils for whom aid is paid under this subsection shall not be eligible for aid under s. 121.58 (2) or (4). This subsection applies to any child with a disability who requires special assistance in transportation, including any such child attending regular classes who requires special or additional transportation. This subsection does not apply to any child with a disability attending regular or special classes who does not require any special or additional transportation.

SB55-ASA1, s. 2668m Section 2668m. 115.88 (8m) of the statutes is created to read:

SB55-ASA1,917,19 115.88 (8m) Supplemental aid. (a) In this subsection, "additional costs" means the costs of nursing services and assistive technology.

SB55-ASA1,918,2 (b) If an operator of a charter school established under s. 118.40 (2r), a school district, a county, or a cooperative educational service agency incurs special education costs for a pupil that equal or exceed an amount equal to 3 times the cost of the state average cost per pupil in the previous school year, as determined by the department by rule, the department shall, beginning in the 2002-03 school year, reimburse the operator, school district, county, or cooperative educational service agency from the appropriation under s. 20.255 (2) (b) an amount calculated as follows:

SB55-ASA1,918,4 1. For each special education pupil, determine the amount of aidable costs under subs. (1) to (6) and (8) in the previous school year.

SB55-ASA1,918,6 2. Subtract from the amount under subd. 1. the amount of aid paid under this section for those costs.