Wisconsin Legislature: 20,2684m

20,2665r Section 2665r. 114.09 (2) of the statutes is repealed and recreated to read:

114.09 (2) (a) Any person violating sub. (1) (b) 1. or 1m.:

1. Shall forfeit not less than $150 nor more than $300, except as provided in subs. 6. and 7.

2. Except as provided in subd. 6., shall be fined not less than $350 nor more than $1,100 and imprisoned for not less than 5 days nor more than 6 months if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) within a 10-year period, equals 2, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

3. Except as provided in subds. 6. and 7., shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 30 days nor more than one year in the county jail if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1), equals 3, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

4. Except as provided in subds. 6. and 7., shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 60 days nor more than one year in the county jail if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1), equals 4, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

5. Except as provided in subds. 6. and 7., is guilty of a Class H felony and shall be fined not less than $600 and imprisoned for not less than 6 months if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1), equals 5 or more, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

6. If there was a minor passenger under 16 years of age in the aircraft at the time of the violation that gave rise to the conviction under sub. (1) (b) 1. or 1m., the applicable minimum and maximum forfeitures, fines, or imprisonment under subd. 1., 2., 3., 4., or 5. for the conviction are doubled. An offense under sub. (1) (b) 1. or 1m., that subjects a person to a penalty under subd. 3., 4., or 5. when there is a minor passenger under 16 years of age in the aircraft is a felony and the place of imprisonment shall be determined under s. 973.02.

7. a. If a person convicted had an alcohol concentration of 0.17 to 0.199, the applicable minimum and maximum fines under subd. 3. to 5. are doubled.

b. If a person convicted had an alcohol concentration of 0.20 to 0.249, the applicable minimum and maximum fines under subd. 3. to 5. are tripled.

c. If a person convicted had an alcohol concentration of 0.25 or above, the applicable minimum and maximum fines under subd. 3. to 5. are quadrupled.

(b) In par. (a) 1. to 5., the time period shall be measured from the dates of the refusals or violations that resulted in the revocation or convictions. If a person has a suspension, revocation, or conviction for any offense under a local ordinance or a state statute of another state that would be counted under s. 343.307 (1), that suspension, revocation or conviction shall count as a prior suspension, revocation, or conviction under par. (a) 1. to 5.

(bm) 1. Except as provided in subd. 1. a. or b., the court shall order the person violating sub. (1) (b) 1. or 1m. to submit to and comply with an assessment by an approved public treatment facility as defined in s. 51.45 (2) (c) for examination of the person's use of alcohol, controlled substances, or controlled substance analogs and development of an airman safety plan for the person. The court shall notify the person, the department, and the proper federal agency of the assessment order. The assessment order shall:

a. If the person is a resident, refer the person to an approved public treatment facility in the county in which the person resides. The facility named in the order may provide for assessment of the person in another approved public treatment facility. The order shall provide that, if the person is temporarily residing in another state, the facility named in the order may refer the person to an appropriate treatment facility in that state for assessment and development of an airman safety plan for the person satisfying the requirements of that state.

b. If the person is a nonresident, refer the person to an approved public treatment facility in this state. The order shall provide that the facility named in the order may refer the person to an appropriate treatment facility in the state in which the person resides for assessment and development of an airman safety plan for the person satisfying the requirements of that state.

c. Require a person who is referred to a treatment facility in another state under subd. 1. a. or b. to furnish the department written verification of his or her compliance from the agency that administers the assessment and airman safety plan program. The person shall provide initial verification of compliance within 60 days after the date of his or her conviction. The requirement to furnish verification of compliance may be satisfied by receipt by the department of such verification from the agency that administers the assessment and airman safety plan program.

2. The department of health and family services shall establish standards for assessment procedures and the airman safety plan programs by rule. The department of health and family services shall establish by rule conflict of interest guidelines for providers.

3. Prior to developing a plan that specifies treatment, the facility shall make a finding that treatment is necessary and appropriate services are available. The facility shall submit a report of the assessment and the airman safety plan within 14 days to the county department under s. 51.42, the plan provider, the department of transportation, the appropriate federal agency, and the person, except that, upon request by the facility and the person, the county department may extend the period for assessment for not more than 20 additional workdays. The county department shall notify the department of transportation regarding any such extension.

4. The assessment report shall order compliance with an airman safety plan. The report shall inform the person of the fee provisions under s. 46.03 (18) (f). The safety plan may include a component that makes the person aware of the effect of his or her offense on a victim and a victim's family. The safety plan may include treatment for the person's misuse, abuse, or dependence on alcohol, controlled substances, or controlled substance analogs. If the plan requires inpatient treatment, the treatment shall not exceed 30 days. An airman safety plan under this paragraph shall include a termination date consistent with the plan that shall not extend beyond one year. The county department under s. 51.42 shall assure notification of the department of transportation and the person of the person's compliance or noncompliance with assessment and treatment.

1. May be required to forfeit not less than $25 nor more than $200, except as provided in subd. 2.

2. May be fined not less than $50 nor more than $500 or imprisoned for not more than one year in the county jail or both if the total of convictions under sub. (1) (b) 2. equals 2 or more in a 4-year period. The 4-year period shall be measured from the dates of the violations that resulted in the convictions.

20,2682 Section 2682. 114.33 (10) of the statutes is amended to read:

114.33 (10) Subject to the approval of the governor under this subsection, the secretary may sell at public or private sale property of whatever nature owned by the state and under the jurisdiction of the secretary when the secretary determines that the property is no longer necessary for the state's use for airport purposes and, if real property, the real property is not the subject of a petition under s. 560.9810. The secretary shall present to the governor a full and complete report of the property to be sold, the reason for the sale, and the minimum price for which the property should be sold, together with an application for the governor's approval of the sale. The governor shall investigate the proposed sale as he or she deems necessary and approve or disapprove the application. Upon approval and receipt of the full purchase price, the secretary shall by appropriate deed or other instrument transfer the property to the purchaser. The funds derived from the sale shall be deposited in the appropriate airport fund, and the expense incurred by the secretary in connection with the sale shall be paid from that fund. This subsection does not apply to real property that is sold under s. 16.848.

20,2683 Section 2683. 115.28 (23) (d) of the statutes is amended to read:

115.28 (23) (d) The minority group pupil precollege scholarship program under s. 115.43.

20,2684 Section 2684. 115.28 (46) of the statutes is created to read:

115.28 (46) Grants for science, technology, engineering, and mathematics programs. From the appropriation under s. 20.255 (2) (fz), award grants to school districts to develop innovative instructional programs in science, technology, engineering and mathematics; support pupils who are typically under-represented in these subjects; and increase the academic achievement of pupils in those subjects.

20,2684m Section 2684m. 115.28 (47) of the statutes is created to read:

115.28 (47) Grants for nursing services. From the appropriation under s. 20.255 (2) (dL), annually award grants to school districts, other than the school district operating under ch. 119, to employ additional school nurses or contract for additional nursing services. The state superintendent shall award grants to those school districts that demonstrate the greatest need for such services based upon criteria such as the ratio of pupils to nurses, the rate of chronic health problems among pupils, and the number of pupils from low-income families. A school district receiving a grant may not use the money to supplant existing nursing staff or services. Each school district receiving a grant shall submit a report to the department describing how the school district used the money and its effectiveness in providing additional nursing services to pupils who need such services.

20,2685 Section 2685. 115.315 of the statutes is amended to read:

115.315 Memorandum of understanding; license restriction and suspension. As provided in the memorandum of understanding under s. 49.857, the department shall restrict or suspend a license or permit granted by the department if the licensee or permit holder is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or if the licensee or permit holder fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings.

20,2686 Section 2686. 115.341 (1) of the statutes is amended to read:

115.341 (1) From the appropriation under s. 20.255 (2) (cm), the state superintendent shall reimburse each school board 10 15 cents for each breakfast served at a school that meets the requirements of 7 CFR 220.8 or 220.8a, whichever is applicable, and shall reimburse each governing body of a private school 10 15 cents for each breakfast served at the private school that meets the requirements of 7 CFR 220.8 or 220.8a, whichever is applicable.

20,2687 Section 2687. 115.347 (1) of the statutes is amended to read:

115.347 (1) Beginning in the 1994-95 school year, a school board may submit enrollment data to the department of workforce development children and families for the purpose of directly certifying children as eligible for free or reduced-price meals under the federal school nutrition programs. The department of workforce development children and families shall prescribe a format for the report.

20,2688 Section 2688. 115.347 (2) of the statutes is amended to read:

115.347 (2) Whenever a school district that is located in whole or in part in a county that has converted to the client assistance for reemployment and economic support data system submits a report under sub. (1) in the prescribed format, the department of workforce development children and families shall determine which children enrolled in the school district are members of Wisconsin works Works groups participating under s. 49.147 (3) to (5) or of families receiving aid to families with dependent children or food stamps and shall provide the information to the school board as soon thereafter as possible. The school board shall use the information to directly certify children as eligible for free or reduced-price meals served by the school district under federal school nutrition programs, pursuant to 42 USC 1758 (b) (2) (C) (ii) and (iii).

20,2689 Section 2689. 115.347 (3) of the statutes is amended to read:

115.347 (3) The state superintendent shall assist school boards in developing a method for submitting enrollment data to the department of workforce development children and families under sub. (1).

20,2690 Section 2690. 115.365 (2) (intro.) of the statutes is amended to read:

115.365 (2) (intro.) The department, in conjunction with the department of health and family services and the department of children and families, shall:

20,2691 Section 2691. 115.368 (2) (intro.) of the statutes is amended to read:

115.368 (2) (intro.) The department, in conjunction with the department of health and family services and the department of children and families, and after consulting with established organizations providing services with a focus on children of risk, shall:

20,2692 Section 2692. 115.395 of the statutes is created to read:

115.395 Grants for improving pupil academic achievement. (1) In this section, "board" means the board of school directors in charge of the school district operating under ch. 119.

(2) Beginning in the 2008-09 school year, the board may apply to the department of administration for an annual grant of up to $10,000,000 to implement initiatives to improve pupil academic achievement in all grades, such as employing licensed teachers to tutor pupils who are struggling academically, or employing persons to coordinate the district's instructional programs and provide ongoing professional development for teachers. The board shall submit with its application a plan for the department of administration's approval describing the initiatives for which the grant will be used, describing the research showing that the initiatives have a positive effect on pupil academic achievement, and including criteria for evaluating the effectiveness of the initiatives, such as high school graduation rates or the results of the statewide pupil assessments under ch. 118.30.

(3) The department of administration may approve the plan submitted under sub. (2) in whole or in part. If the department approves a plan in part, the board may submit an additional plan for the same school year and the department may award the board all or part of the balance of grant funds.

(4) Upon receipt of a notice from the department of administration that a plan has been approved under sub. (3), the state superintendent shall pay to the board, from the appropriation under s. 20.255 (2) (df), the amount specified by the department of administration.

20,2693 Section 2693. 115.42 (title) of the statutes is amended to read:

115.42 (title) National Grants for national teacher certification or master educator licensure.

20,2694 Section 2694. 115.42 (1) (a) 1. of the statutes is amended to read:

115.42 (1) (a) 1. The person is certified by the National Board for Professional Teaching Standards or licensed by the department as a master educator under s. PI 34.19, Wis. Adm. Code.

20,2697 Section 2697. 115.42 (1) (b) of the statutes is amended to read:

115.42 (1) (b) The grant under this subsection shall be an amount equal to the costs of obtaining certification or licensure 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 first school year in which the person meets the requirements under par. (a).

20,2698 Section 2698. 115.42 (2) (a) (intro.) of the statutes is amended to read:

115.42 (2) (a) (intro.) The Except as provided in par. (c), the department shall award 9 grants of $2,500 each to each person who received a grant under sub. (1) if the person satisfies all of the following requirements:

20,2699 Section 2699. 115.42 (2) (a) 1. of the statutes is amended to read:

115.42 (2) (a) 1. The person maintains his or her certification by the National Board for Professional Teaching Standards national teacher certificate or master educator license.

20,2700 Section 2700. 115.42 (2) (a) 2. of the statutes is amended to read:

115.42 (2) (a) 2. The person maintains his or her license as a teacher issued by the state superintendent or remains employed in a private school located in this state.

20,2702 Section 2702. 115.42 (2) (c) of the statutes is created to read:

115.42 (2) (c) The amount of each grant under par. (a) shall be $5,000 in any school year in which the recipient is employed in a school in which at least 60 percent of the pupils enrolled are eligible for a free or reduced-price lunch under 42 USC 1758 (6).

20,2705 Section 2705. 115.43 (title) of the statutes is amended to read:

115.43 (title) Minority group pupil Precollege scholarships.

20,2706 Section 2706. 115.43 (1) of the statutes is amended to read:

115.43 (1) Definition. In this section, "minority group economically disadvantaged pupil" means a pupil who is Black or African American, Hispanic, American Indian, an Alaskan native, or a person of Asian or Pacific Island origin eligible for a free or reduced-price lunch under 42 USC 1758 (b).

20,2707 Section 2707. 115.43 (2) (a) of the statutes is amended to read:

115.43 (2) (a) Annually set goals relating to increasing the percentages of minority group economically disadvantaged pupils who graduate from high school and are prepared for postsecondary school education.

20,2708 Section 2708. 115.43 (2) (b) of the statutes is amended to read:

115.43 (2) (b) From the appropriation under s. 20.255 (3) (fz), award precollege scholarships, on a competitive basis, to minority group economically disadvantaged pupils who enroll in a technical college or in college or university classes or programs designed to improve academic skills that are essential for success in postsecondary school education. The state superintendent shall give preference to minority group economically disadvantaged pupils who are inadequately represented in the technical college and University of Wisconsin Systems.

20,2708m Section 2708m. 115.436 of the statutes is created to read:

115.436 Sparsity aid. (1) In this section, "membership" has the meaning given in s. 121.004 (5).

(2) A school district is eligible for sparsity aid under this section if it satisfies all of the following criteria:

(a) The school district's membership in the previous school year was no more than 725.

(b) At least 20 percent of the school district's membership in the previous school year was eligible for a free or reduced-price lunch under 42 USC 1758 (b).

(c) The school district's membership in the previous school year divided by the school district's area in square miles is less than 10.

(3) (a) Beginning in the 2008-09 school year, the department shall pay to each school district eligible for sparsity aid the following amount from the appropriation under s. 20.255 (2) (ae), subject to par. (b):

1. If less than 50 percent of the school district's membership in the previous school year was eligible for a free or reduced-price lunch under 42 USC 1758 (b), $150 multiplied by the membership in the previous school year.

2. If 50 percent or more of the school district's membership in the previous school year was eligible for a free or reduced-price lunch under 42 USC 1758 (b), $300 multiplied by the membership in the previous school year.

(b) If the appropriation under s. 20.255 (2) (ae) in any fiscal year is insufficient to pay the full amount under par. (a), the department shall prorate the payments among the eligible school districts.

20,2709 Section 2709. 115.445 of the statutes is created to read:

115.445 Four-year-old kindergarten grants. (1) A school board may apply to the department for a 2-year grant under this section to implement a 4-year-old kindergarten program.

(2) (a) In the first school year of a grant awarded under this section, the department shall pay the school board up to $3,000 for each 4-year-old kindergarten pupil enrolled in the school district. In the succeeding school year, the department shall pay the school board up to $1,500 for each 4-year-old kindergarten pupil enrolled in the school district.

(b) The department shall award grants under this section beginning in the 2008-09 school year and shall give preference in awarding grants to school boards that use community approaches to early education, as defined by the department by rule. If the funds in the appropriation under s. 20.255 (2) (dp) are insufficient to pay all eligible school boards, the department shall prorate the payments.

(3) The department shall promulgate rules to implement this section.

20,2710e Section 2710e. 115.53 (3) (a) of the statutes is amended to read:

115.53 (3) (a) Arrange for otological or ophthalmic examination of any pupil or prospective pupil of the Wisconsin Educational Services Program for the Deaf and Hard of Hearing. The examination shall be paid for from the appropriation in s. 20.255 (1) (b), (gh) or (gs).

20,2710m Section 2710m. 115.53 (3) (b) of the statutes is amended to read: