AB100-engrossed,759,1210
95.60
(4s) (d)
In consultation with the department of natural resources,
11promulgate Promulgate rules specifying diseases and requirements for certifying
12that fish are free of those diseases for the purposes of sub. (2) (b).
AB100-engrossed,759,1716
95.60
(9) The department of natural resources is subject to this section, except
17for the fees under sub. (5).
AB100-engrossed,760,219
100.18
(2) (d) Notwithstanding par. (a) 1., a retailer is not required to state in
20an advertisement or other representation the amount of a fee charged by the retailer
21to recover the cost to the retailer of registering, and obtaining certificates of title for,
22motor vehicles that the retailer offers for rent, if the fee is calculated so that the total
23of all such fees collected by the retailer in a year will, as closely as practicable, equal
24the actual cost to the retailer of registering, and obtaining certificates of title for,
25motor vehicles that the retailer offers for rent. Notwithstanding par. (a) 2., for the
1rental of a motor vehicle a retailer may charge, in addition to the regular price, a fee
2under this paragraph.
AB100-engrossed,760,84
100.18
(2) (e) If, in any year, the total fees collected by a retailer under par. (d)
5exceed the actual cost to the retailer in that year of registering, and obtaining
6certificates of title for, the motor vehicles that the retailer offers for rent, the excess
7fees shall be used to offset the amount of a fee under par. (d) that is charged by the
8retailer in the following year.
AB100-engrossed,760,1810
100.18
(2) (f) Beginning in 2007, annually, not later than March 1, a retailer
11that collects a fee under par. (d) shall submit to the department, on a form provided
12by the department, a report stating the total amount of such fees collected in the
13preceding year and stating the total amount expended by the retailer to register, and
14obtain certificates of title for, the motor vehicles that the retailer offers for rent. A
15dealer submitting a report under this paragraph shall also pay to the department a
16fee of $75. A retailer that offers motor vehicles for rent at more than one location or
17franchise may submit a single report and fee for all of the retailer's locations or
18franchises.
AB100-engrossed,760,2120
100.20
(1n) It is an unfair method of competition or an unfair trade practice
21for any person to sell cigarettes to consumers in this state in violation of s. 139.345.
AB100-engrossed,761,523
101.143
(9m) (g) 2. Revenue obligations issued under this subsection may not
24exceed
$436,000,000 $386,924,000 in principal amount, excluding any obligations
25that have been defeased under a cash optimization program administered by the
1building commission. In addition to this limit on principal amount, the building
2commission may contract revenue obligations under this subsection as the building
3commission determines is desirable to fund or refund outstanding revenue
4obligations, to pay issuance or administrative expenses, to make deposits to reserve
5funds, or to pay accrued or capitalized interest.
AB100-engrossed,761,118
101.657
(1) Contract The department shall contract with a private
9organization to provide education regarding construction standards and inspection
10requirements under this subchapter and under rules promulgated under this
11subchapter to builders of dwellings in this state.
AB100-engrossed,761,16
12(4) Each contract under sub. (1), (2), and (3) shall be a separate contract. The
13department
may only contract with an organization under this subsection if the
14organization is is limited for these contracts to contracting only with organizations
15that are described in section
501 (c) (6) of the Internal Revenue Code and
is are 16exempt from federal income tax under section
501 (a) of the Internal Revenue Code.
AB100-engrossed,761,18
18101.657 (title)
Education contracts for builders and consumers.
AB100-engrossed,761,2120
101.657
(2) The department shall contract with a private organization to
21provide education regarding business practices to builders of dwellings in this state.
AB100-engrossed,762,223
101.657
(3) The department shall contract with a private organization to
24provide education regarding the dwelling building process to consumers in this state.
1The education curriculum shall include selecting a contractor, the construction
2process, and consumer protection.
AB100-engrossed,762,74
101.657
(5) From the appropriation under s. 20.143 (3) (j), beginning with fiscal
5year 2005-06, the department shall allocate $100,000 annually for the contract
6required under sub. (2) and at least $600,000 annually for the contract required
7under sub. (3).
AB100-engrossed,762,21
12106.12 Employment and education program administration. The
board 13department shall plan, coordinate, administer, and implement the youth
14apprenticeship program under s. 106.13 (1) and such other employment and
15education programs as the governor may by executive order assign to the
board 16department. Notwithstanding any limitations placed on the use of state employment
17and education funds under this section or s. 106.13 or under an executive order
18assigning an employment and education program to the
board department, the
19board department may issue a general or special order waiving any of those
20limitations on finding that the waiver will promote the coordination of employment
21and education services.
AB100-engrossed,763,7
138.40
(4r) Publications and seminars. The board may provide publications and
2seminars relating to the employment and education programs administered by the
3board and may establish a schedule of fees for those publications and seminars. Fees
4established under this subsection for publications and seminars provided by the
5board may not exceed the actual cost incurred in providing those publications and
6seminars. The fees collected under this subsection shall be credited to the
7appropriation account under s.
20.445 (7) 20.292 (1) (ga).
AB100-engrossed,763,10
9106.13 (title)
Youth apprenticeship, school-to-work and work-based
10learning programs program.
AB100-engrossed,763,1512
106.13
(2) The council on workforce investment established under
29 USC
132821, the technical college system board, and the department of public instruction
14shall assist the
board department in providing the youth apprenticeship program
15under sub. (1).
AB100-engrossed,763,2017
106.13
(2m) The
board department shall approve occupations and maintain a
18list of approved occupations for the youth apprenticeship program. From the
19appropriation under s. 20.445 (1) (a), the
board
department shall develop curricula
20for youth apprenticeship programs for occupations approved under this subsection.
AB100-engrossed,764,722
106.13
(3m) (b) (intro.) From the appropriation under s. 20.445 (1) (e), the
23board department shall award grants to applying local partnerships for the
24implementation and coordination of local youth apprenticeship programs. A local
25partnership shall include in its grant application the identity of each public agency,
1nonprofit organization, individual, and other person who is a participant in the local
2partnership, a plan to accomplish the implementation and coordination activities
3specified in subds. 1. to 6., and the identity of a fiscal agent who shall be responsible
4for receiving, managing, and accounting for the grant moneys received under this
5paragraph. Subject to par. (c), a local partnership that is awarded a grant under this
6paragraph may use the grant moneys awarded for any of the following
7implementation and coordination activities:
AB100-engrossed,764,109
106.13
(3m) (b) 6. Any other implementation or coordination activity that the
10board department may direct or permit the local partnership to perform.
AB100-engrossed,764,1412
106.13
(4) (a) 1d. "Eligible employer" means an employer that is eligible to
13receive a grant under this subsection according to the criteria established by the
14board department under par. (d).
AB100-engrossed,765,216
106.13
(4) (b) From the appropriation under s. 20.445
(7) (1) (em), the
board 17department may award a grant to a public agency or a nonprofit organization, or to
18an eligible employer that is responsible for the on-the-job training and supervision
19of a youth apprentice. A public agency or nonprofit organization that receives a grant
20under this subsection shall use the funds awarded under the grant to award training
21grants to eligible employers that provide on-the-job training and supervision for
22youth apprentices. Subject to par. (c), a training grant provided under this
23subsection may be awarded to an eligible employer for each youth apprentice who
24receives at least 180 hours of paid on-the-job training from the eligible employer
25during a school year, as defined in s. 115.001 (13). The amount of a training grant
1may not exceed $500 per youth apprentice per school year. A training grant may not
2be awarded for any specific youth apprentice for more than 2 school years.
AB100-engrossed,765,94
106.13
(4) (c) Notwithstanding par. (b), the
board department may award a
5training grant under this subsection to an eligible employer that provides less than
6180 hours of paid on-the-job training for a youth apprentice during a school year,
7as defined in s. 115.001 (13), if the
board department determines that it would be
8beneficial for the youth apprentice to receive on-the-job training from more than one
9eligible employer.
AB100-engrossed,765,1611
106.13
(4) (d) The
board department shall establish eligibility criteria for a
12grant under this subsection. That criteria shall specify that eligibility for a grant
13shall be limited to small employers, as determined by the
board department, and to
14employers providing on-the-job training in employment areas determined by the
15board department. Notwithstanding sub. (5), those criteria need not be promulgated
16as rules.
AB100-engrossed,765,1918
106.13
(5) The
board department shall promulgate rules to administer this
19section.
AB100-engrossed,766,721
106.50
(6) (c) 2. At the conclusion of the investigation of the allegations, the
22department shall make a determination as to whether probable cause exists to
23believe that discrimination has occurred or is about to occur. In making a
24determination of probable cause, the department shall consider whether the facts
25concerning the alleged discrimination are sufficient to warrant the initiation of a
1civil action. If the department determines that probable cause exists, the
2department shall immediately issue a charge on behalf of the aggrieved person
and
3refer the charge to the attorney general. If the attorney general concurs in the
4department's determination of probable cause, the attorney general shall represent
5the aggrieved person at the hearing under par. (f) or, if an election is made under
6subd. 2m., shall commence a civil action in the name of the state on behalf of the
7aggrieved person under sub. (6m).
AB100-engrossed,766,17
82m. Service of copies of the charge shall be made on the complainant, the
9respondent
, and the aggrieved person by certified mail, return receipt requested.
10When a charge is filed, a complainant, a respondent
, or an aggrieved person on whose
11behalf the complaint was filed may elect to have the claims asserted in that charge
12decided in a civil action under sub. (6m) in lieu of a hearing under par. (f). The
13election shall be made no later than 20 days after the receipt by the electing person
14of service of the charge, along with information about how to make the election. If
15an election is made, the person making the election shall give notice of doing so to
16the department and to all other complainants and respondents to whom the charge
17relates. The department shall notify the aggrieved persons that an election is made.
AB100-engrossed,767,319
106.50
(6) (d)
Temporary judicial relief. At any time after a complaint is filed
20alleging discrimination in violation of sub. (2), (2m)
, or (2r), the department may
21request the attorney general to file a petition in the circuit court for the county in
22which the act of discrimination allegedly occurred or for the county in which a
23respondent resides or transacts business, seeking a temporary injunction or
24restraining order against the respondent to prevent the respondent from performing
25an act that would tend to render ineffectual an order that the department may enter
1with respect to the complaint, pending final determination of proceedings under this
2section.
On receipt of the department's request, the attorney general shall promptly
3file the petition.
AB100-engrossed,767,85
106.50
(6) (e) 4. Whenever the department has reasonable cause to believe that
6a respondent has breached a conciliation agreement, the department shall refer the
7matter to the
department of justice attorney general with a recommendation that a
8civil action be filed for enforcement of the agreement.
AB100-engrossed,767,1510
106.50
(6) (f) 2. If an election is not made under par. (c)
2. 2m., the hearing shall
11be conducted by a hearing examiner.
A If the attorney general has concurred in the
12department's determination of probable cause under par. (c) 2., the aggrieved person
13on whose behalf the charge was issued shall be represented by the attorney general.
14Any other person who is aggrieved, with respect to the issues to be determined at the
15hearing, may be represented by
private counsel.
AB100-engrossed,767,2217
106.50
(6) (f) 3. The department
, the attorney general, or a party's attorney of
18record may issue a subpoena to compel the attendance of a witness or the production
19of evidence. A subpoena issued by an attorney shall be in substantially the same
20form as provided in s. 805.07 (4) and shall be served in the manner provided in s.
21805.07 (5). The attorney shall, at the time of issuance, send a copy of the subpoena
22to the hearing examiner who is responsible for conducting the hearing.
AB100-engrossed,768,224
106.50
(6m) (a) Any person
, including the state, alleging a violation of sub. (2),
25(2m)
, or (2r)
, including the attorney general on behalf of an aggrieved person, may
1bring a civil action for injunctive relief, for damages, including punitive damages,
2and, in the case of a prevailing plaintiff, for court costs and reasonable attorney fees.
AB100-engrossed,768,94
108.02
(13) (k) "Employer" does not include a county department
or aging unit
,
5or, under s. 46.2785, a private agency that serves as a fiscal agent or contracts with
6a fiscal intermediary to serve as a fiscal agent under s. 46.27 (5) (i) or 47.035 as to
7any individual performing services for a person receiving long-term support services
8under s. 46.27 (5) (b), 46.275, 46.277, 46.278,
46.2785, 46.286, 46.495, 51.42
, or
951.437 or personal assistance services under s. 47.02 (6) (c).
AB100-engrossed, s. 1854g
10Section 1854g. 115.28 (7) (d) of the statutes is renumbered 115.28 (7) (d) 1. and
11amended to read:
AB100-engrossed,768,1412
115.28
(7) (d) 1.
Annually, Except as provided in subd. 2., annually establish
13fees for the
certification or licensure of school and public library personnel sufficient
14to fund
certification and licensing administrative costs.
AB100-engrossed,768,1716
115.28
(7) (d) 2. Charge a fee of $150 for the initial and renewal teacher license
17of each resident applicant.
AB100-engrossed,768,2419
115.28
(45) Grants for advanced placement courses. From the appropriation
20under s. 20.255 (2) (fw), award grants to school districts to partially reimburse them
21for the costs of offering advanced placement courses in high schools that are not
22offering such courses. A grant may not exceed an amount equal to $300 multiplied
23by the number of pupils in the high school's advanced placement courses in the fall
24or spring session in which the grant is awarded.
AB100-engrossed,769,10
1115.28
(48m) Expenditure of federal administrative funds. Submit each
2proposal for the expenditure of federal administrative funding for federal programs
3administered by the department to the joint committee on finance. If the
4cochairpersons of the committee do not notify the department within 14 working
5days after the date of the proposed expenditure's submission that the committee has
6scheduled a meeting to review the proposed expenditure, the proposed expenditure
7may be made. If, within 14 working days after the date of the proposed expenditure's
8submission, the cochairpersons of the committee notify the department that the
9committee has scheduled a meeting to review the proposed expenditure, the
10proposed expenditure may be made only upon the committee's approval.
AB100-engrossed,769,1712
115.28
(52) Adult literacy grants. From the appropriation under s. 20.255
13(3) (b), award grants to nonprofit organizations, as defined in s. 108.02 (19), to
14support programs that train community-based adult literacy staff and to establish
15new volunteer-based programs in areas of this state that have a demonstrated need
16for adult literacy services. No grant may exceed $10,000, and no organization may
17receive more than one grant in any fiscal year.
AB100-engrossed,769,2319
115.28
(54) Second Chance Partnership. From the appropriation under s.
2020.255 (2) (ep), pay to the Second Chance Partnership, a nonprofit corporation
21operating a program in which children at risk participate in apprenticeships while
22earning high school diplomas, an amount equal to $4,610 multiplied by the number
23of pupils participating in the program.
AB100-engrossed,770,4
1115.29
(6) English language proficiency assessment system. Assist in the
2establishment of, and participate in, a consortium of state education agencies
3organized to obtain public and private funds to be used to purchase an English
4language proficiency assessment system.
AB100-engrossed,770,156
115.34
(2) The state superintendent shall make payments to school districts
7and to, private schools
, charter schools under s. 118.40 (2r), the program under s.
8115.52, and the center under s. 115.525 for school lunches served to children in the
9prior year as determined by the state superintendent from the appropriation under
10s. 20.255 (2) (cn). Payments
to school districts and to private schools shall equal the
11state's matching obligation under
42 USC 1751 et seq. Payments in the current year
12shall be determined by prorating the state's matching obligation based on the
13number of school lunches served to children in the prior year. In this subsection,
14"private school" means any school defined in s. 115.001 (3r) which complies with the
15requirements of
42 USC 2000d.
AB100-engrossed,771,4
17115.3615 Head start supplement. From the
appropriations appropriation 18under s. 20.255 (2) (eh)
and (kh), the state superintendent shall distribute funds to
19agencies determined by the state superintendent to be eligible for designation as
20head start agencies under
42 USC 9836 to provide comprehensive health,
21educational, nutritional, social and other services to economically disadvantaged
22children and their families. The state superintendent shall distribute the funds in
23a manner consistent with
42 USC 9831 to
9852 except that there is no matching fund
24requirement. The state superintendent shall give preference in funding under this
25section to agencies that are receiving federal funds under
42 USC 9831 to
9852 and
1to agencies that operate full-time or early head start programs. Funds distributed
2under this section may be used to match available federal funds under
42 USC 9831 3to
9852 only if the funds are used to secure additional federal funds for the purposes
4under this section.
AB100-engrossed,771,197
115.405
(1) (a) A cooperative educational service agency or a consortium
8consisting of 2 or more school districts or cooperative educational service agencies,
9or a combination thereof, may apply to the department for a grant to provide
10technical assistance and training for teachers who are licensed or have been issued
11a permit under ss. 115.28 (7) and 118.192 to implement peer review and mentoring
12programs. An applicant for a grant under this
section
subsection shall submit to the
13department a plan identifying the school districts and cooperative educational
14service agencies that will participate in the peer review and mentoring program and
15describing how the grant funds will be allocated. As a condition of receiving a grant
16under this
section subsection, a cooperative educational service agency or a
17consortium shall provide matching funds in an amount equal to at least 20% of the
18amount of the grant awarded. The matching funds may be in the form of money or
19in-kind services or both.
AB100-engrossed, s. 1862
20Section
1862. 115.405 (2) of the statutes is renumbered 115.405 (1) (b) and
21amended to read: