Amendment ASA1-SB55

SB55-ASA1,900,25 1. The changes are promulgated in consultation with the representatives of the Wisconsin fire service and volunteer fire departments in this state.

SB55-ASA1,901,4 2. The changes are based on recommendations of the joint legislative audit committee that are derived from a legislative audit bureau performance evaluation audit of the department that relates to the payment of fire department dues and that is conducted at the direction of the joint legislative audit committee.

SB55-ASA1,901,6 3. The changes are approved by the joint legislative audit committee before the date on which the changes take effect.

SB55-ASA1,901,10 (b) When filing rules that are promulgated and approved in satisfaction of par. (a) 1. to 3. with the revisor of statutes under s. 227.20, the department shall include a separate statement indicating that the rules were promulgated and approved in satisfaction of par. (a) 1. to 3.

SB55-ASA1, s. 2495m Section 2495m. 101.573 (4) of the statutes is amended to read:

SB55-ASA1,901,16 101.573 (4) The department shall transmit to the treasurer of each city, village, and town entitled to fire department dues, a statement of the amount of dues payable to it under this section, and the commissioner of insurance shall furnish to the state treasurer, upon request, a list of the insurers paying dues under s. 601.93 and the amount paid by each.

SB55-ASA1, s. 2497m Section 2497m. 101.575 (1) (am) of the statutes is amended to read:

SB55-ASA1,902,9 101.575 (1) (am) If the department determines that a city, village, or town fire department has failed to satisfy the requirements of this subsection or subs. (3) to (6), the department shall notify the chief of the fire department, the governing body, and the highest elected official of the city, village, or town, in writing, that the fire department has 30 days to demonstrate to the department that the failure has been corrected. If the fire department makes this demonstration within the 30-day period, the department shall pay dues for that calendar year to the city, village, or town. If the fire department fails to make this demonstration within the 30-day period, the department shall nonetheless pay dues for that calendar year to that city, village, or town. The department and shall issue a notice of noncompliance to the chief of the fire department, the governing body, and the highest elected official of the city, village, or town. If the fire department cannot demonstrate to the department that the fire department has met all requirements within one year after receipt of the notice of noncompliance or prior to the next audit by the department, whichever is later, the city, village, or town shall not be entitled to dues under par. (a) for that year in which the city, village, or town becomes not entitled to dues and for all subsequent calendar years until the requirements are met.

SB55-ASA1, s. 1317 Section 1317. Subchapter V (title) of chapter 101 [precedes 101.91] of the statutes is amended to read:

SB55-ASA1,902,12 CHAPTER 101

SB55-ASA1,902,15 SUBCHAPTER V Manufactured homes and mobile homes; regulation of manufacturers

SB55-ASA1, s. 1318 Section 1318. 101.91 (2b) of the statutes is renumbered 101.91 (3).

SB55-ASA1, s. 1319 Section 1319. 101.91 (2d) of the statutes is renumbered 101.91 (4).

SB55-ASA1, s. 1320 Section 1320. 101.91 (2f) of the statutes is renumbered 101.91 (5m).

SB55-ASA1, s. 1321 Section 1321. 101.91 (2h) of the statutes is renumbered 101.91 (9).

SB55-ASA1, s. 1322 Section 1322. 101.91 (2k) of the statutes is renumbered 101.91 (10).

SB55-ASA1, s. 1323 Section 1323. 101.91 (5) of the statutes is renumbered 101.91 (11).

SB55-ASA1, s. 1324 Section 1324. 101.91 (6) of the statutes is renumbered 101.91 (12).

SB55-ASA1, s. 2539k Section 2539k. 101.9208 (1) (b) of the statutes is amended to read:

SB55-ASA1,903,5 101.9208 (1) (b) Upon filing an application under par. (a) or (d) before the first day of the 2nd month beginning after September 1, 2000, an environmental impact fee of $5, by the person filing the application. Upon filing an application under par. (a) or (d) on or after September 1, 2000, an environmental impact fee of $6 $9, by the person filing the application. All moneys collected under this subsection shall be credited to the environmental fund for environmental management. This paragraph does not apply after December 31, 2003.

SB55-ASA1, s. 1325 Section 1325. 101.93 (title) of the statutes is repealed and recreated to read:

SB55-ASA1,903,7 101.93 (title) Plumbing in manufactured homes.

SB55-ASA1, s. 2540m Section 2540m. 101.935 (2) (c) 2. of the statutes is amended to read:

SB55-ASA1,903,14 101.935 (2) (c) 2. The department shall establish by rule the permit fee and renewal fee for a permit issued under this subsection. Beginning in fiscal year 2002-03, the department may increase the fees to recover the cost of administering s. 101.937. An additional penalty fee, as established by the department by rule, is required for each permit if the biennial renewal fee is not paid before the permit expires.

SB55-ASA1, s. 1326 Section 1326. 101.937 (title) of the statutes is created to read:

SB55-ASA1,903,16 101.937 (title) Water and sewer service to manufactured home parks.

SB55-ASA1, s. 1327 Section 1327. 102.07 (9) of the statutes is amended to read:

SB55-ASA1,903,21 102.07 (9) Members of the national guard, the naval militia, and state defense force, when on state active duty under direction of appropriate authority, but only in case federal laws, rules or regulations provide no benefits substantially equivalent to those provided in this chapter.

SB55-ASA1, s. 2544m Section 2544m. 102.29 (8r) of the statutes is amended to read:

SB55-ASA1,904,3 102.29 (8r) No participant in a food stamp employment and training program under s. 49.124 (1m) 49.13 who, under s. 49.124 (1m) 49.13 (2) (d), is provided worker's compensation coverage by the department or by a Wisconsin works agency, as defined in s. 49.001 (9), and who makes a claim for compensation under this chapter may make a claim or maintain an action in tort against the employer who provided the employment and training from which the claim arose.

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: