Amendment AA1-ASA1-SB40

SB40-ASA1-AA1,329,3 111.91 (2) (nm) The requirements related to continuing coverage for a dependent student on a medical leave of absence under s. 632.895 (15).".

SB40-ASA1-AA1,329,4 1693. Page 1228, line 17: after that line insert:

SB40-ASA1-AA1,329,5 " Section 2665g. 114.09 (title) of the statutes is amended to read:

SB40-ASA1-AA1,329,6 114.09 (title) Reckless Intoxicated and reckless flying; penalty.

SB40-ASA1-AA1, s. 2665h Section 2665h. 114.09 (1) (a) of the statutes is renumbered 114.09 (1) (a) (intro.) and amended to read:

SB40-ASA1-AA1,329,9 114.09 (1) (a) (intro.) In this subsection, "drug":

SB40-ASA1-AA1,329,10 1. "Drug" has the meaning specified in s. 450.01 (10).

SB40-ASA1-AA1, s. 2665j Section 2665j. 114.09 (1) (a) 2. of the statutes is created to read:

SB40-ASA1-AA1,329,14 114.09 (1) (a) 2. "Prohibited alcohol concentration" means an alcohol concentration of 0.04 or more if there is no passenger in the aircraft, more than 0.00 if there is a passenger in the aircraft.

SB40-ASA1-AA1, s. 2665L Section 2665L. 114.09 (1) (b) of the statutes is renumbered 114.09 (1) (b) 1. and amended to read:

SB40-ASA1-AA1,329,23 114.09 (1) (b) 1. No person may operate an aircraft in the air or on the ground or water while under the influence of intoxicating liquor or controlled substances or controlled substance analogs under ch. 961 or a combination thereof, under the influence of any other drug to a degree which renders him or her incapable of safely operating an aircraft, or under the combined influence of intoxicating liquor and any other drug to a degree which renders him or her incapable of safely operating an aircraft, nor.

SB40-ASA1-AA1,330,5 2. No person may operate an aircraft in the air or on the ground or water in a careless or reckless manner so as to endanger the life or property of another. In determining whether the operation was careless or reckless the court shall consider the standards for safe operation of aircraft prescribed by federal statutes or regulations governing aeronautics.

SB40-ASA1-AA1,330,8 3. The court shall make a written report of all convictions, including bail or appearance money forfeitures, obtained under this section to the department, which shall send the report to the proper federal agency.

SB40-ASA1-AA1, s. 2665n Section 2665n. 114.09 (1) (b) 1m. of the statutes is created to read:

SB40-ASA1-AA1,330,11 114.09 (1) (b) 1m. No person may operate an aircraft in the air or on the ground if the person has a prohibited alcohol concentration.

SB40-ASA1-AA1, s. 2665r Section 2665r. 114.09 (2) of the statutes is repealed and recreated to read:

SB40-ASA1-AA1,330,13 114.09 (2) (a) Any person violating sub. (1) (b) 1. or 1m.:

SB40-ASA1-AA1,330,15 1. Shall forfeit not less than $150 nor more than $300, except as provided in subs. 6. and 7.

SB40-ASA1-AA1,330,21 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.

SB40-ASA1-AA1,331,3 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.

SB40-ASA1-AA1,331,10 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.

SB40-ASA1-AA1,331,16 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.

SB40-ASA1-AA1,331,23 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.

SB40-ASA1-AA1,331,25 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.

SB40-ASA1-AA1,332,2 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.

SB40-ASA1-AA1,332,4 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.

SB40-ASA1-AA1,332,10 (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.

SB40-ASA1-AA1,332,17 (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:

SB40-ASA1-AA1,332,24 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.

SB40-ASA1-AA1,333,5 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.

SB40-ASA1-AA1,333,12 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.

SB40-ASA1-AA1,333,16 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.

SB40-ASA1-AA1,333,24 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.

SB40-ASA1-AA1,334,11 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.

SB40-ASA1-AA1,334,12 (c) Any person violating sub. (1) (b) 2.:

SB40-ASA1-AA1,334,14 1. May be required to forfeit not less than $25 nor more than $200, except as provided in subd. 2.

SB40-ASA1-AA1,334,18 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.".

SB40-ASA1-AA1,334,19 1694. Page 1228, line 17: after that line insert:

SB40-ASA1-AA1,334,21 " Section 2677b. 111.70 (4) (cm) 8s. of the statutes is renumbered 111.70 (4) (cm) 8s. a.

SB40-ASA1-AA1, s. 2677c Section 2677c. 111.70 (4) (cm) 8s. b. of the statutes is created to read:

SB40-ASA1-AA1,335,2 111.70 (4) (cm) 8s. b. If a school district unilaterally changes its employees' health care coverage plan provider under par. (n), any costs savings realized because of the change may not be included when determining the fringe benefit savings under subd. 8s. a.

SB40-ASA1-AA1, s. 2679f Section 2679f. 111.70 (4) (n) of the statutes is created to read:

SB40-ASA1-AA1,335,16 111.70 (4) (n) Municipal employer-initiated change in health care coverage plan provider. Notwithstanding the terms of a collective bargaining agreement, a municipal employer may unilaterally change its employees' health care coverage plan provider without the consent of any affected employee in the collective bargaining unit if the benefits provided by the new health care coverage plan provider are substantially similar to those provided by the former health care coverage plan provider and if either the persons who provide health care coverage under the new plan are the same as under the former plan or cost savings will result from changing the health care coverage plan provider. Any such unilateral change in health care coverage plan provider is not a violation of a collective bargaining agreement or a prohibited practice under sub. (3) (a) and, for purposes of a qualified economic offer, satisfies the requirement to maintain fringe benefits under sub. (1) (nc).

SB40-ASA1-AA1, s. 2679g Section 2679g. 111.70 (4) (o) of the statutes is created to read:

SB40-ASA1-AA1,335,24 111.70 (4) (o) Prohibited subject of collective bargaining. A municipal employer is prohibited from bargaining collectively with respect to the employer's selection of a health care coverage plan if the municipal employer offers to enroll the employees in a health care coverage plan under s. 40.51 (7) or in a health care coverage plan that is substantially similar to a plan offered under s. 40.51 (7). The commission shall use the criteria in rules promulgated by the commissioner of insurance under s. 601.41 (12) to determine if health care coverage plans are substantially similar.".

SB40-ASA1-AA1,336,1 1695. Page 1228, line 17: after that line insert:

SB40-ASA1-AA1,336,2 " Section 2671gp. 111.91 (2) (pj) of the statutes is created to read:

SB40-ASA1-AA1,336,4 111.91 (2) (pj) The number of paid sick leave days in any year specified under s. 230.35 (2) (am).".

SB40-ASA1-AA1,336,5 1696. Page 1228, line 17: after that line insert:

SB40-ASA1-AA1,336,6 " Section 2669p. 111.91 (2) (ph) of the statutes is created to read:

SB40-ASA1-AA1,336,8 111.91 (2) (ph) A decision to convert from a biweekly pay period to a monthly pay period.".

SB40-ASA1-AA1,336,9 1697. Page 1229, line 11: after that line insert:

SB40-ASA1-AA1,336,10 " Section 2684p. 115.28 (44) of the statutes is created to read:

SB40-ASA1-AA1,336,14 115.28 (44) Teacher merit pay. Distribute the amounts appropriated under s. 20.255 (2) (am) to school districts to assist in paying the costs of teacher merit pay programs. The department shall promulgate rules to implement and administer this subsection.".

SB40-ASA1-AA1,336,15 1698. Page 1229, line 11: after that line insert:

SB40-ASA1-AA1,336,16 " Section 2683p. 115.28 (46m) of the statutes is created to read:

SB40-ASA1-AA1,336,22 115.28 (46m) School safety grants. From the appropriation under s. 20.255 (2) (dn), annually award grants to reimburse school districts for costs allowable under the federal Safe and Drug-Free Schools and Communities Act, 20 USC 7101 to 7165, but not paid under that act. If the appropriation under s. 20.255 (2) (dn) in any fiscal year is insufficient to pay all claims under this subsection, the funds shall be prorated among the school districts entitled to the funds.".

SB40-ASA1-AA1,336,23 1699. Page 1229, line 11: after that line insert:

SB40-ASA1-AA1,336,24 " Section 2684. 115.28 (46) of the statutes is created to read:

SB40-ASA1-AA1,337,6 115.28 (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.".

SB40-ASA1-AA1,337,7 1700. Page 1229, line 12: delete lines 12 to 22.

SB40-ASA1-AA1,337,9 1701. Page 1229, line 23: delete the material beginning with that line and ending with page 1230, line 4.

SB40-ASA1-AA1,337,10 1702. Page 1230, line 5: delete lines 5 to 23.

SB40-ASA1-AA1,337,11 1703. Page 1231, line 1: delete lines 1 to 11.

SB40-ASA1-AA1,337,13 1704. Page 1231, line 12: delete the material beginning with that line and ending with page 1232, line 10.

SB40-ASA1-AA1,337,15 1705. Page 1232, line 11: delete the material beginning with that line and ending with page 1233, line 16.

SB40-ASA1-AA1,337,16 1706. Page 1234, line 12: delete lines 12 to 25.

SB40-ASA1-AA1,337,17 1707. Page 1235, line 1: delete that line.

SB40-ASA1-AA1,337,18 1708. Page 1235, line 13: delete lines 13 to 25.

SB40-ASA1-AA1,337,19 1709. Page 1236, line 1: delete lines 1 to 25.

SB40-ASA1-AA1,337,20 1710. Page 1237, line 1: delete lines 1 to 5.

SB40-ASA1-AA1,337,21 1711. Page 1237, line 5: after that line insert:

SB40-ASA1-AA1,337,22 " Section 2711d. 115.85 of the statutes is created to read:

SB40-ASA1-AA1,338,2 115.85 Autism Scholarship Program. (1) In this section, "eligible autistic child" means a child with a disability to whom all the following apply:

SB40-ASA1-AA1,338,4 (a) The school district in which the child resides or that the child is attending has identified the child as autistic.

SB40-ASA1-AA1,338,6 (b) The school district in which the child resides or that the child is attending has in effect for the child an individualized education program.

SB40-ASA1-AA1,338,10 (c) The child was enrolled in public school in the school year prior to the school year in which a scholarship under this section is first sought for the child, or the child is eligible to enter public school in the school year in which a scholarship under this section is first sought for the child.

SB40-ASA1-AA1,338,19 (2) (a) Except as provided in par. (b), upon receipt of an application from the parent of an eligible autistic child, the department shall award a scholarship to the child. The scholarship may be used only to pay tuition for the child to attend a special education program that implements the child's individualized education program and that is operated by a school district other than the school district that the child is attending or in which the child resides, by another public entity, or by a private provider approved by the department under sub. (3). The amount of the scholarship shall be $15,000 or the actual tuition charged by the special education program, whichever is less.

SB40-ASA1-AA1,338,21 (b) No more than 200 scholarships may be awarded under this section in any school year.

SB40-ASA1-AA1,338,25 (3) The department shall establish standards for the approval of private providers for the purpose of sub. (2). The department may not approve a private provider unless the person providing special education or related services holds the appropriate license issued by the department.

SB40-ASA1-AA1,339,4 (4) The department shall promulgate rules to implement and administer this section, including procedures and deadlines for scholarship applications, payment schedules for scholarships, and standards for the approval of private providers under sub. (3).

SB40-ASA1-AA1, s. 2711e Section 2711e. 115.88 (10) of the statutes is created to read:

SB40-ASA1-AA1,339,9 115.88 (10) Autism scholarship program. Notwithstanding subs. (1m) to (3), (6), and (8) and ss. 115.93 and 118.255 (4), annually the department shall allocate $3,000,000 from the appropriation under s. 20.255 (2) (b) for autism scholarships under s. 115.85.

SB40-ASA1-AA1, s. 2711f Section 2711f. 115.882 of the statutes is amended to read:

SB40-ASA1-AA1,339,16 115.882 Payment of state aid. Funds appropriated under s. 20.255 (2) (b) shall be used first for the purpose of s. 115.88 (4) and then for the purpose of s. 115.88 (10). Costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b) under ss. 115.88 (1m) to (3), (6) and (8), 115.93, and 118.255 (4) shall be reimbursed at a rate set to distribute the full amount appropriated for reimbursement for the costs, not to exceed 100%.".

SB40-ASA1-AA1,339,17 1712. Page 1237, line 5: after that line insert:

SB40-ASA1-AA1,339,18 " Section 2713m. 118.15 (1) (cv) of the statutes is created to read:

SB40-ASA1-AA1,339,21 118.15 (1) (cv) Attendance at a special education program operated by a public entity or private provider under a scholarship awarded under s. 115.85 may be substituted for attendance at a public or private school.".

SB40-ASA1-AA1,339,22 1713. Page 1237, line 5: after that line insert: