Amendment AA1-ASA1-SB40

SB40-ASA1-AA1,316,25 111.70 (1) (ar) "Collective bargaining" means the performance of the mutual obligation of a municipal employer, through its officers and agents, and the representative of its municipal employees in a collective bargaining unit, to meet and confer at reasonable times, in good faith, with the intention of reaching an agreement, or to resolve questions arising under such an agreement, with respect to wages, hours and conditions of employment, and with respect to a requirement of the municipal employer for a municipal employee to perform law enforcement and fire fighting services under s. 61.66, except as provided in sub. (4) (m) , (n), (o), (p), and (pr) and s. 40.81 (3) and except that a municipal employer shall not meet and confer with respect to any proposal to diminish or abridge the rights guaranteed to municipal employees under ch. 164. The duty to bargain, however, does not compel either party to agree to a proposal or require the making of a concession. Collective bargaining includes the reduction of any agreement reached to a written and signed document. The municipal employer shall not be required to bargain on subjects reserved to management and direction of the governmental unit except insofar as the manner of exercise of such functions affects the wages, hours and conditions of employment of the municipal employees in a collective bargaining unit. In creating this subchapter the legislature recognizes that the municipal employer must exercise its powers and responsibilities to act for the government and good order of the jurisdiction which it serves, its commercial benefit and the health, safety and welfare of the public to assure orderly operations and functions within its jurisdiction, subject to those rights secured to municipal employees by the constitutions of this state and of the United States and by this subchapter.".

SB40-ASA1-AA1,317,1 1684. Page 1228, line 9: after that line insert:

SB40-ASA1-AA1,317,2 " Section 2661n. 111.335 (1) (d) of the statutes is created to read:

SB40-ASA1-AA1,317,13 111.335 (1) (d) 1. In this paragraph, "educational agency" means a school district, a cooperative educational service agency, a county children with disabilities education board, a state prison under s. 302.01, a juvenile correctional facility, as defined in s. 938.02 (10p), a secured residential care center for children and youth, as defined in s. 938.02 (15g), the Wisconsin Center for the Blind and Visually Impaired, the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, the Mendota Mental Health Institute, the Winnebago Mental Health Institute, a state center for the developmentally disabled, a private school, a charter school, a private, nonprofit, nonsectarian agency under contract with a school board under s. 118.153 (3) (c), or a nonsectarian private school or agency under contract with the board of school directors in a 1st class city under s. 119.235 (1).

SB40-ASA1-AA1,317,17 2. Notwithstanding s. 111.322, it is not employment discrimination because of conviction record for an educational agency to refuse to employ or to terminate from employment an individual who has been convicted of a felony and who has not been pardoned for that felony.".

SB40-ASA1-AA1,317,18 1685. Page 1228, line 9: after that line insert:

SB40-ASA1-AA1,317,19 " Section 2661j. 111.31 (6) of the statutes is created to read:

SB40-ASA1-AA1,317,22 111.31 (6) The legislature finds that the prohibition against discrimination on the basis of arrest or conviction record under s. 111.335 is a matter of statewide concern, requiring uniform enforcement at the state, county, and municipal levels.

SB40-ASA1-AA1, s. 2661k Section 2661k. 111.335 (1) (c) 1. of the statutes is amended to read:

SB40-ASA1-AA1,318,3 111.335 (1) (c) 1. Has been convicted of any felony, misdemeanor or other offense the circumstances of which substantially relate to the circumstances of the particular job or licensed activity; or.

SB40-ASA1-AA1, s. 2661L Section 2661L. 111.335 (1) (c) 3. of the statutes is created to read:

SB40-ASA1-AA1,318,8 111.335 (1) (c) 3. Has been convicted of a sex offense, as defined in s. 301.45 (1d) (b), or found to have committed a violation of federal law or the law of another state that would be a sex offense, as defined in s. 301.45 (1d) (b), if committed in this state, and who has not been pardoned for that sex offense.

SB40-ASA1-AA1, s. 2661m Section 2661m. 111.335 (1) (c) 4. of the statutes is created to read:

SB40-ASA1-AA1,318,13 111.335 (1) (c) 4. Has been convicted of a violent offense, as defined in s. 301.048 (2) (bm) 1., or found to have committed a violation of federal law or the law of another state that would be a violent offense, as defined in s. 301.048 (2) (bm) 1., if committed in this state, and who has not been pardoned for that violent offense.

SB40-ASA1-AA1, s. 2661o Section 2661o. 111.335 (2) of the statutes is created to read:

SB40-ASA1-AA1,318,17 111.335 (2) No county, city, village, or town may adopt any provision concerning employment discrimination based on arrest or conviction record that prohibits any activity that is allowed under this section.".

SB40-ASA1-AA1,318,18 1686. Page 1228, line 9: after that line insert:

SB40-ASA1-AA1,318,19 " Section 2661r. 111.35 (3) (a) (intro.) of the statutes is amended to read:

SB40-ASA1-AA1,319,6 111.35 (3) (a) (intro.) Notwithstanding s. 111.322, it is not employment discrimination because of use of a lawful product off the employer's premises during nonworking hours for an employer, labor organization, employment agency, licensing agency, or other person to offer financial incentives related to employee health care benefits that are intended to discourage use of a lawful product. Those financial incentives may include offering a policy or plan of life, health, or disability insurance coverage under which the type of coverage or the price of coverage for an individual who uses a lawful product off the employer's premises during nonworking hours differs from the type of coverage or the price of coverage provided for an individual who does not use that lawful product, if all of the following conditions apply:

SB40-ASA1-AA1, s. 2661s Section 2661s. 111.35 (3) (b) (intro.) of the statutes is amended to read:

SB40-ASA1-AA1,319,18 111.35 (3) (b) (intro.) Notwithstanding s. 111.322, it is not employment discrimination because of nonuse of a lawful product off the employer's premises during nonworking hours for an employer, labor organization, employment agency, licensing agency, or other person to offer financial incentives related to employee health care benefits that are intended to encourage use of a lawful product. Those financial incentives may include offering a policy or plan of life, health, or disability insurance coverage under which the type of coverage or the price of coverage for an individual who does not use a lawful product off the employer's premises during nonworking hours differs from the type of coverage or the price of coverage provided for an individual who uses that lawful product, if all of the following conditions apply:".

SB40-ASA1-AA1,319,19 1687. Page 1228, line 10: delete lines 10 to 17.

SB40-ASA1-AA1,319,20 1688. Page 1228, line 17: after that line insert:

SB40-ASA1-AA1,319,21 " Section 2681m. 114.31 (3) (a) of the statutes is renumbered 114.31 (3).

SB40-ASA1-AA1, s. 2681n Section 2681n. 114.31 (3) (b) of the statutes is repealed.".

SB40-ASA1-AA1,319,23 1689. Page 1228, line 17: after that line insert:

SB40-ASA1-AA1,319,24 " Section 2670b. 111.70 (4) (cm) 6. am. of the statutes is amended to read:

SB40-ASA1-AA1,322,2 111.70 (4) (cm) 6. am. Upon receipt of a petition to initiate arbitration, the commission shall make an investigation, with or without a formal hearing, to determine whether arbitration should be commenced. If in determining whether an impasse exists the commission finds that the procedures set forth in this paragraph have not been complied with and such compliance would tend to result in a settlement, it may order such compliance before ordering arbitration. The validity of any arbitration award or collective bargaining agreement shall not be affected by failure to comply with such procedures. Prior to the close of the investigation each party shall submit in writing to the commission its single final offer containing its final proposals on all issues in dispute that are subject to interest arbitration under this subdivision or under subd. 5s. in collective bargaining units to which subd. 5s. applies. If, under state law, the municipal employer is subject to limitations on available revenue, a final offer may not require the expenditure for compensation and fringe benefits per employee in any year of the contract to be more than the amount expended in the previous year increased by the allowable percentage increase in available revenue. If the commission determines that a final offer requires greater expenditure, the commission shall return the offer to the party and the party shall revise it before submitting it again. If a party fails to submit a single, ultimate final offer, the commission shall close the investigation based on the last written position of the party. If the last written position requires greater expenditure than permitted under this subd. 6. am., the commission shall consider that the party failed to submit an offer. The municipal employer may not submit a qualified economic offer under subd. 5s. after the close of the investigation. Such final Final offers may include only mandatory subjects of bargaining, except that a permissive subject of bargaining may be included by a party if the other party does not object and shall then be treated as a mandatory subject. No later than such time, the parties shall also submit to the commission a stipulation, in writing, with respect to all matters which are agreed upon for inclusion in the new or amended collective bargaining agreement. The commission, after receiving a report from its investigator and determining that arbitration should be commenced, shall issue an order requiring arbitration and immediately submit to the parties a list of 7 arbitrators. Upon receipt of such list, the parties shall alternately strike names until a single name is left, who shall be appointed as arbitrator. The petitioning party shall notify the commission in writing of the identity of the arbitrator selected. Upon receipt of such notice, the commission shall formally appoint the arbitrator and submit to him or her the final offers of the parties. The final offers shall be considered public documents and shall be available from the commission. In lieu of a single arbitrator and upon request of both parties, the commission shall appoint a tripartite arbitration panel consisting of one member selected by each of the parties and a neutral person designated by the commission who shall serve as a chairperson. An arbitration panel has the same powers and duties as provided in this section for any other appointed arbitrator, and all arbitration decisions by such panel shall be determined by majority vote. In lieu of selection of the arbitrator by the parties and upon request of both parties, the commission shall establish a procedure for randomly selecting names of arbitrators. Under the procedure, the commission shall submit a list of 7 arbitrators to the parties. Each party shall strike one name from the list. From the remaining 5 names, the commission shall randomly appoint an arbitrator. Unless both parties to an arbitration proceeding otherwise agree in writing, every individual whose name is submitted by the commission for appointment as an arbitrator shall be a resident of this state at the time of submission and every individual who is designated as an arbitration panel chairperson shall be a resident of this state at the time of designation.

SB40-ASA1-AA1, s. 2670d Section 2670d. 111.70 (4) (cm) 6. b. of the statutes is amended to read:

SB40-ASA1-AA1,322,15 111.70 (4) (cm) 6. b. The arbitrator shall, within 10 days of his or her appointment, establish a date and place for the conduct of the arbitration hearing. Upon petition of at least 5 citizens of the jurisdiction served by the municipal employer, filed within 10 days after the date on which the arbitrator is appointed, the arbitrator shall hold a public hearing in the jurisdiction for the purpose of providing the opportunity to both parties to explain or present supporting arguments for their positions and to members of the public to offer their comments and suggestions. The final offers of the parties, as transmitted by the commission to the arbitrator, shall serve as the basis for continued negotiations, if any, between the parties with respect to the issues in dispute. At any time prior to the arbitration hearing, either party, with the consent of the other party, and subject to the expenditure limit in subd. 6. am., may modify its final offer in writing.

SB40-ASA1-AA1, s. 2671b Section 2671b. 111.70 (4) (cm) 7. of the statutes is amended to read:

SB40-ASA1-AA1,322,24 111.70 (4) (cm) 7. `Factor Factors given greatest weight.' In making any decision under the arbitration procedures authorized by this paragraph, the arbitrator or arbitration panel shall consider and shall give the greatest weight to the expenditure limit in subd. 6. am. and any state law or directive lawfully issued by a state legislative or administrative officer, body or agency which places limitations on expenditures that may be made or revenues that may be collected by a municipal employer. The arbitrator or arbitration panel shall give an accounting of the consideration of this factor these factors in the arbitrator's or panel's decision.".

SB40-ASA1-AA1,323,1 1690. Page 1228, line 17: after that line insert:

SB40-ASA1-AA1,323,2 " Section 2667d. 111.70 (4) (cm) 5s. of the statutes is amended to read:

SB40-ASA1-AA1,324,19 111.70 (4) (cm) 5s. `Issues subject to arbitration.' In a collective bargaining unit consisting of school district professional employees, the municipal employer or the labor organization may petition the commission to determine whether the municipal employer has submitted a qualified economic offer. The commission shall appoint an investigator for that purpose. If the investigator finds that the municipal employer has submitted a qualified economic offer, the investigator shall determine whether a deadlock exists between the parties with respect to all economic issues. If the municipal employer submits a qualified economic offer applicable to any period beginning on or after July 1, 1993, no economic issues are subject to interest arbitration under subd. 6. for that period, except that only the impact of contracting out or subcontracting work that would otherwise be performed by municipal employees in the collective bargaining unit is subject to interest arbitration under subd. 6. In such a collective bargaining unit, economic issues concerning the wages, hours or conditions of employment of the school district professional employees in the unit for any period prior to July 1, 1993, are subject to interest arbitration under subd. 6. for that period. In such a collective bargaining unit, noneconomic issues applicable to any period on or after July 1, 1993, are subject to interest arbitration after the parties have reached agreement and stipulate to agreement on all economic issues concerning the wages, hours or conditions of employment of the school district professional employees in the unit for that period. In such a collective bargaining unit, if the commission's investigator finds that the municipal employer has submitted a qualified economic offer and that a deadlock exists between the parties with respect to all economic issues, the municipal employer may implement the qualified economic offer. On the 90th day prior to expiration of the period included within the qualified economic offer, if no agreement exists on that day, the parties are deemed to have stipulated to the inclusion in a new or revised collective bargaining agreement of all provisions of any predecessor collective bargaining agreement concerning economic issues, or of all provisions of any existing collective bargaining agreement concerning economic issues if the parties have reopened negotiations under an existing agreement, as modified by the terms of the qualified economic offer and as otherwise modified by the parties. In such a collective bargaining unit, on and after that 90th day, a municipal employer that refuses to bargain collectively with respect to the terms of that stipulation, applicable to the 90-day period prior to expiration of the period included within the qualified economic offer, does not violate sub. (3) (a) 4. Any such unilateral implementation after August 11, 1993, during the 90-day period prior to expiration of the period included within a qualified economic offer, operates as a full, final and complete settlement of all economic issues between the parties for the period included within the qualified economic offer. The failure of a labor organization to recognize the validity of such a lawful qualified economic offer does not affect the obligation of the municipal employer to submit economic issues to arbitration under subd. 6.

SB40-ASA1-AA1, s. 2667h Section 2667h. 111.70 (4) (p) of the statutes is created to read:

SB40-ASA1-AA1,324,25 111.70 (4) (p) Competitive contracting; all municipal employers. 1. A municipal employer's decision to enter into contracts with persons who are not employed by the municipal employer for the performance of services, as that decision relates to mandatory and permissive subjects of collective bargaining under this subchapter, is subject to this paragraph.

SB40-ASA1-AA1,325,3 2. A municipal employer may solicit bids from persons who are not employed by the municipal employer to perform services that are currently being performed by its municipal employees only if the municipal employer does all of the following:

SB40-ASA1-AA1,325,6 a. Notifies the labor organization that is recognized or certified to represent the municipal employees who are currently performing the services that the municipal employer intends to solicit the bids.

SB40-ASA1-AA1,325,15 b. Conducts an internal cost study to determine the total costs incurred by the municipal employer in having its municipal employees perform the services. The costs determined by this study shall be denominated the "current internal cost." The study shall also determine the percentage of the current internal cost that is attributable to wages and benefits paid to the municipal employees who perform the services and who are represented by the labor organization. This percentage shall be denominated the "labor cost ratio" and shall be expressed as a decimal. The municipal employer shall keep the study confidential until after all bids solicited under subd. 3. have been received by the municipal employer.

SB40-ASA1-AA1,325,21 3. After conducting the study under subd. 2. b., the municipal employer may solicit and receive bids from persons who are not employed by the municipal employer to perform any services that are currently being performed by its municipal employees. These bids shall be denominated the "preliminary external bids" and shall provide for services that are at least substantially similar to those currently being performed by the municipal employer's employees.

SB40-ASA1-AA1,326,2 4. No later than 30 days after receiving the final bid under subd. 3., the municipal employer shall select the preliminary external bid that the municipal employer considers the most advantageous to the municipal employer. The sum of the cost of this bid and the municipal employer's cost in administering any contract entered into pursuant to the bid shall be denominated the "selected external cost."

SB40-ASA1-AA1,326,11 5. After determining the selected external cost under subd. 4., the municipal employer shall subtract that number from an amount equal to 90 percent of the current internal cost determined under subd. 2. b. and shall then multiply the result by the labor cost ratio determined under subd. 2. b. The product shall be denominated the "required labor savings." No later than 5 days after selecting the preliminary external bid under subd. 4., the municipal employer shall notify the labor organization that represents the municipal employees of the required labor savings and shall also provide to the labor organization a copy of the preliminary external bid selected under subd. 4.

SB40-ASA1-AA1,326,17 6. a. If the required labor savings is an amount less than or equal to zero, the municipal employer is required to bargain collectively any decision to enter into contracts with persons who are not employed by the municipal employer for the performance of services for the municipal employer, and the impact of any such decision on the wages, hours, and conditions of employment of the municipal employees who would otherwise perform those services.

SB40-ASA1-AA1,327,2 b. If the required labor savings is an amount greater than zero, the municipal employer is not required to bargain collectively any decision to enter into contracts with persons who are not employed by the municipal employer for the performance of services for the municipal employer, or the impact of any such decision on the wages, hours, and conditions of employment of the municipal employees who would otherwise perform those services, unless the labor organization that represents the municipal employees notifies the municipal employer, in writing, that the municipal employees agree to be subject to the nonbinding arbitration mechanism under subd. 7. The notification must be received by the municipal employer no later than 15 days after the municipal employer selects the preliminary external bid under subd. 4.

SB40-ASA1-AA1,327,12 7. a. No later than 30 days after the municipal employer receives the notification under subd. 6. b., each party shall submit to an arbitrator a proposal to reduce the current internal cost determined under subd. 2. b. by an amount at least equal to the required labor savings determined under subd. 5. The reductions specified in the proposals shall come entirely from changes to the wages, hours, or conditions of employment of the municipal employees who are represented by the labor organization. The arbitrator shall be selected using the process under par. (cm) 6. am. The arbitrator may select any item from each proposal to reduce the current internal cost determined under subd. 2. b. by an amount at least equal to the required labor savings determined under subd. 5.

SB40-ASA1-AA1,327,18 b. If the labor organization rejects the arbitrator's proposal, the municipal employer is not required to bargain collectively the decision to contract with persons who are not employed by the municipal employer for the performance of the services for the municipal employer, or the impact of any such decision on the wages, hours, and conditions of employment of the municipal employees who would otherwise perform those services.

SB40-ASA1-AA1,327,24 c. If the municipal employer rejects the arbitrator's proposal, the municipal employer is required to bargain collectively the decision to contract with persons who are not employed by the municipal employer for the performance of the services for the municipal employer, and the impact of any such decision on the wages, hours, and conditions of employment of the municipal employees who would otherwise perform those services.

SB40-ASA1-AA1,328,4 d. If neither party rejects the arbitrator's proposal within 10 days after the arbitrator presents the proposal to the parties, the proposal shall be final and binding on both parties and shall be incorporated into a collective bargaining agreement.

SB40-ASA1-AA1,328,6 e. Any rejection of an arbitrator's proposal under subd. 7. b. or c. shall be made no later than 10 days after the arbitrator presents the proposal to the parties.

SB40-ASA1-AA1,328,11 8. If the arbitrator's proposal is not rejected by either party and is incorporated into a collective bargaining agreement, the municipal employer may not solicit and receive bids from persons who are not employed by the municipal employer to perform the service covered by the arbitrator's proposal for a period of 3 years from the date that the arbitrator submits his or her proposal to the parties.".

SB40-ASA1-AA1,328,12 1691. Page 1228, line 17: after that line insert:

SB40-ASA1-AA1,328,13 " Section 2666h. 111.70 (4) (m) (title) of the statutes is amended to read:

SB40-ASA1-AA1,328,14 111.70 (4) (m) (title) Prohibited subjects of bargaining; school districts.

SB40-ASA1-AA1, s. 2666p Section 2666p. 111.70 (4) (pr) of the statutes is created to read:

SB40-ASA1-AA1,328,23 111.70 (4) (pr) Prohibited subjects of bargaining; counties. In a county, the municipal employer is prohibited from bargaining collectively with respect to a sheriff's decision to have persons other than municipal employees provide meals to inmates, provided that the sheriff determines that the meals can be provided at a cost lower than if municipal employees provide the meals. The municipal employer is also prohibited from bargaining collectively the impact of that decision on the wages, hours, or conditions of employment of the municipal employees who perform those services.".

SB40-ASA1-AA1,328,24 1692. Page 1228, line 17: after that line insert:

SB40-ASA1-AA1,329,1 " Section 2680d. 111.91 (2) (nm) of the statutes is created to read:

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.