SB40-ASA1-AA1,331,1611 5. Except as provided in subds. 6. and 7., is guilty of a Class H felony and shall
12be fined not less than $600 and imprisoned for not less than 6 months if the number
13of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total
14number of suspensions, revocations, and other convictions counted under s. 343.307
15(1), equals 5 or more, except that suspensions, revocations, or convictions arising out
16of the same incident or occurrence shall be counted as one.
SB40-ASA1-AA1,331,2317 6. If there was a minor passenger under 16 years of age in the aircraft at the
18time of the violation that gave rise to the conviction under sub. (1) (b) 1. or 1m., the
19applicable minimum and maximum forfeitures, fines, or imprisonment under subd.
201., 2., 3., 4., or 5. for the conviction are doubled. An offense under sub. (1) (b) 1. or
211m., that subjects a person to a penalty under subd. 3., 4., or 5. when there is a minor
22passenger under 16 years of age in the aircraft is a felony and the place of
23imprisonment shall be determined under s. 973.02.
SB40-ASA1-AA1,331,2524 7. a. If a person convicted had an alcohol concentration of 0.17 to 0.199, the
25applicable minimum and maximum fines under subd. 3. to 5. are doubled.
SB40-ASA1-AA1,332,2
1b. If a person convicted had an alcohol concentration of 0.20 to 0.249, the
2applicable minimum and maximum fines under subd. 3. to 5. are tripled.
SB40-ASA1-AA1,332,43 c. If a person convicted had an alcohol concentration of 0.25 or above, the
4applicable minimum and maximum fines under subd. 3. to 5. are quadrupled.
SB40-ASA1-AA1,332,105 (b) In par. (a) 1. to 5., the time period shall be measured from the dates of the
6refusals or violations that resulted in the revocation or convictions. If a person has
7a suspension, revocation, or conviction for any offense under a local ordinance or a
8state statute of another state that would be counted under s. 343.307 (1), that
9suspension, revocation or conviction shall count as a prior suspension, revocation, or
10conviction under par. (a) 1. to 5.
SB40-ASA1-AA1,332,1711 (bm) 1. Except as provided in subd. 1. a. or b., the court shall order the person
12violating sub. (1) (b) 1. or 1m. to submit to and comply with an assessment by an
13approved public treatment facility as defined in s. 51.45 (2) (c) for examination of the
14person's use of alcohol, controlled substances, or controlled substance analogs and
15development of an airman safety plan for the person. The court shall notify the
16person, the department, and the proper federal agency of the assessment order. The
17assessment order shall:
SB40-ASA1-AA1,332,2418 a. If the person is a resident, refer the person to an approved public treatment
19facility in the county in which the person resides. The facility named in the order
20may provide for assessment of the person in another approved public treatment
21facility. The order shall provide that, if the person is temporarily residing in another
22state, the facility named in the order may refer the person to an appropriate
23treatment facility in that state for assessment and development of an airman safety
24plan for the person satisfying the requirements of that state.
SB40-ASA1-AA1,333,5
1b. If the person is a nonresident, refer the person to an approved public
2treatment facility in this state. The order shall provide that the facility named in the
3order may refer the person to an appropriate treatment facility in the state in which
4the person resides for assessment and development of an airman safety plan for the
5person satisfying the requirements of that state.
SB40-ASA1-AA1,333,126 c. Require a person who is referred to a treatment facility in another state
7under subd. 1. a. or b. to furnish the department written verification of his or her
8compliance from the agency that administers the assessment and airman safety plan
9program. The person shall provide initial verification of compliance within 60 days
10after the date of his or her conviction. The requirement to furnish verification of
11compliance may be satisfied by receipt by the department of such verification from
12the agency that administers the assessment and airman safety plan program.
SB40-ASA1-AA1,333,1613 2. The department of health and family services shall establish standards for
14assessment procedures and the airman safety plan programs by rule. The
15department of health and family services shall establish by rule conflict of interest
16guidelines for providers.
SB40-ASA1-AA1,333,2417 3. Prior to developing a plan that specifies treatment, the facility shall make
18a finding that treatment is necessary and appropriate services are available. The
19facility shall submit a report of the assessment and the airman safety plan within
2014 days to the county department under s. 51.42, the plan provider, the department
21of transportation, the appropriate federal agency, and the person, except that, upon
22request by the facility and the person, the county department may extend the period
23for assessment for not more than 20 additional workdays. The county department
24shall notify the department of transportation regarding any such extension.
SB40-ASA1-AA1,334,11
14. The assessment report shall order compliance with an airman safety plan.
2The report shall inform the person of the fee provisions under s. 46.03 (18) (f). The
3safety plan may include a component that makes the person aware of the effect of his
4or her offense on a victim and a victim's family. The safety plan may include
5treatment for the person's misuse, abuse, or dependence on alcohol, controlled
6substances, or controlled substance analogs. If the plan requires inpatient
7treatment, the treatment shall not exceed 30 days. An airman safety plan under this
8paragraph shall include a termination date consistent with the plan that shall not
9extend beyond one year. The county department under s. 51.42 shall assure
10notification of the department of transportation and the person of the person's
11compliance or noncompliance with assessment and treatment.
SB40-ASA1-AA1,334,1212 (c) Any person violating sub. (1) (b) 2.:
SB40-ASA1-AA1,334,1413 1. May be required to forfeit not less than $25 nor more than $200, except as
14provided in subd. 2.
SB40-ASA1-AA1,334,1815 2. May be fined not less than $50 nor more than $500 or imprisoned for not more
16than one year in the county jail or both if the total of convictions under sub. (1) (b)
172. equals 2 or more in a 4-year period. The 4-year period shall be measured from
18the dates of the violations that resulted in the convictions.".
SB40-ASA1-AA1,334,19 191694. Page 1228, line 17: after that line insert:
SB40-ASA1-AA1,334,21 20" Section 2677b. 111.70 (4) (cm) 8s. of the statutes is renumbered 111.70 (4)
21(cm) 8s. a.
SB40-ASA1-AA1, s. 2677c 22Section 2677c. 111.70 (4) (cm) 8s. b. of the statutes is created to read:
SB40-ASA1-AA1,335,223 111.70 (4) (cm) 8s. b. If a school district unilaterally changes its employees'
24health care coverage plan provider under par. (n), any costs savings realized because

1of the change may not be included when determining the fringe benefit savings under
2subd. 8s. a.
SB40-ASA1-AA1, s. 2679f 3Section 2679f. 111.70 (4) (n) of the statutes is created to read:
SB40-ASA1-AA1,335,164 111.70 (4) (n) Municipal employer-initiated change in health care coverage
5plan provider.
Notwithstanding the terms of a collective bargaining agreement, a
6municipal employer may unilaterally change its employees' health care coverage
7plan provider without the consent of any affected employee in the collective
8bargaining unit if the benefits provided by the new health care coverage plan
9provider are substantially similar to those provided by the former health care
10coverage plan provider and if either the persons who provide health care coverage
11under the new plan are the same as under the former plan or cost savings will result
12from changing the health care coverage plan provider. Any such unilateral change
13in health care coverage plan provider is not a violation of a collective bargaining
14agreement or a prohibited practice under sub. (3) (a) and, for purposes of a qualified
15economic offer, satisfies the requirement to maintain fringe benefits under sub. (1)
16(nc).
SB40-ASA1-AA1, s. 2679g 17Section 2679g. 111.70 (4) (o) of the statutes is created to read:
SB40-ASA1-AA1,335,2418 111.70 (4) (o) Prohibited subject of collective bargaining. A municipal employer
19is prohibited from bargaining collectively with respect to the employer's selection of
20a health care coverage plan if the municipal employer offers to enroll the employees
21in a health care coverage plan under s. 40.51 (7) or in a health care coverage plan that
22is substantially similar to a plan offered under s. 40.51 (7). The commission shall use
23the criteria in rules promulgated by the commissioner of insurance under s. 601.41
24(12) to determine if health care coverage plans are substantially similar.".
SB40-ASA1-AA1,336,1
11695. Page 1228, line 17: after that line insert:
SB40-ASA1-AA1,336,2 2" Section 2671gp. 111.91 (2) (pj) of the statutes is created to read:
SB40-ASA1-AA1,336,43 111.91 (2) (pj) The number of paid sick leave days in any year specified under
4s. 230.35 (2) (am).".
SB40-ASA1-AA1,336,5 51696. Page 1228, line 17: after that line insert:
SB40-ASA1-AA1,336,6 6" Section 2669p. 111.91 (2) (ph) of the statutes is created to read:
SB40-ASA1-AA1,336,87 111.91 (2) (ph) A decision to convert from a biweekly pay period to a monthly
8pay period.".
SB40-ASA1-AA1,336,9 91697. Page 1229, line 11: after that line insert:
SB40-ASA1-AA1,336,10 10" Section 2684p. 115.28 (44) of the statutes is created to read:
SB40-ASA1-AA1,336,1411 115.28 (44) Teacher merit pay. Distribute the amounts appropriated under s.
1220.255 (2) (am) to school districts to assist in paying the costs of teacher merit pay
13programs. The department shall promulgate rules to implement and administer this
14subsection.".
SB40-ASA1-AA1,336,15 151698. Page 1229, line 11: after that line insert:
SB40-ASA1-AA1,336,16 16" Section 2683p. 115.28 (46m) of the statutes is created to read:
SB40-ASA1-AA1,336,2217 115.28 (46m) School safety grants. From the appropriation under s. 20.255
18(2) (dn), annually award grants to reimburse school districts for costs allowable
19under the federal Safe and Drug-Free Schools and Communities Act, 20 USC 7101
20to 7165, but not paid under that act. If the appropriation under s. 20.255 (2) (dn) in
21any fiscal year is insufficient to pay all claims under this subsection, the funds shall
22be prorated among the school districts entitled to the funds.".
SB40-ASA1-AA1,336,23 231699. Page 1229, line 11: after that line insert:
SB40-ASA1-AA1,336,24 24" Section 2684. 115.28 (46) of the statutes is created to read:
SB40-ASA1-AA1,337,6
1115.28 (46) Grants for science, technology, engineering, and mathematics
2programs.
From the appropriation under s. 20.255 (2) (fz), award grants to school
3districts to develop innovative instructional programs in science, technology,
4engineering and mathematics; support pupils who are typically under-represented
5in these subjects; and increase the academic achievement of pupils in those
6subjects.".
SB40-ASA1-AA1,337,7 71700. Page 1229, line 12: delete lines 12 to 22.
SB40-ASA1-AA1,337,9 81701. Page 1229, line 23: delete the material beginning with that line and
9ending with page 1230, line 4.
SB40-ASA1-AA1,337,10 101702. Page 1230, line 5: delete lines 5 to 23.
SB40-ASA1-AA1,337,11 111703. Page 1231, line 1: delete lines 1 to 11.
SB40-ASA1-AA1,337,13 121704. Page 1231, line 12: delete the material beginning with that line and
13ending with page 1232, line 10.
SB40-ASA1-AA1,337,15 141705. Page 1232, line 11: delete the material beginning with that line and
15ending with page 1233, line 16.
SB40-ASA1-AA1,337,16 161706. Page 1234, line 12: delete lines 12 to 25.
SB40-ASA1-AA1,337,17 171707. Page 1235, line 1: delete that line.
SB40-ASA1-AA1,337,18 181708. Page 1235, line 13: delete lines 13 to 25.
SB40-ASA1-AA1,337,19 191709. Page 1236, line 1: delete lines 1 to 25.
SB40-ASA1-AA1,337,20 201710. Page 1237, line 1: delete lines 1 to 5.
SB40-ASA1-AA1,337,21 211711. Page 1237, line 5: after that line insert:
SB40-ASA1-AA1,337,22 22" Section 2711d. 115.85 of the statutes is created to read:
SB40-ASA1-AA1,338,2
1115.85 Autism Scholarship Program. (1) In this section, "eligible autistic
2child" means a child with a disability to whom all the following apply:
SB40-ASA1-AA1,338,43 (a) The school district in which the child resides or that the child is attending
4has identified the child as autistic.
SB40-ASA1-AA1,338,65 (b) The school district in which the child resides or that the child is attending
6has in effect for the child an individualized education program.
SB40-ASA1-AA1,338,107 (c) The child was enrolled in public school in the school year prior to the school
8year in which a scholarship under this section is first sought for the child, or the child
9is eligible to enter public school in the school year in which a scholarship under this
10section is first sought for the child.
SB40-ASA1-AA1,338,19 11(2) (a) Except as provided in par. (b), upon receipt of an application from the
12parent of an eligible autistic child, the department shall award a scholarship to the
13child. The scholarship may be used only to pay tuition for the child to attend a special
14education program that implements the child's individualized education program
15and that is operated by a school district other than the school district that the child
16is attending or in which the child resides, by another public entity, or by a private
17provider approved by the department under sub. (3). The amount of the scholarship
18shall be $15,000 or the actual tuition charged by the special education program,
19whichever is less.
SB40-ASA1-AA1,338,2120 (b) No more than 200 scholarships may be awarded under this section in any
21school year.
SB40-ASA1-AA1,338,25 22(3) The department shall establish standards for the approval of private
23providers for the purpose of sub. (2). The department may not approve a private
24provider unless the person providing special education or related services holds the
25appropriate license issued by the department.
SB40-ASA1-AA1,339,4
1(4) The department shall promulgate rules to implement and administer this
2section, including procedures and deadlines for scholarship applications, payment
3schedules for scholarships, and standards for the approval of private providers under
4sub. (3).
SB40-ASA1-AA1, s. 2711e 5Section 2711e. 115.88 (10) of the statutes is created to read:
SB40-ASA1-AA1,339,96 115.88 (10) Autism scholarship program. Notwithstanding subs. (1m) to (3),
7(6), and (8) and ss. 115.93 and 118.255 (4), annually the department shall allocate
8$3,000,000 from the appropriation under s. 20.255 (2) (b) for autism scholarships
9under s. 115.85.
SB40-ASA1-AA1, s. 2711f 10Section 2711f. 115.882 of the statutes is amended to read:
SB40-ASA1-AA1,339,16 11115.882 Payment of state aid. Funds appropriated under s. 20.255 (2) (b)
12shall be used first for the purpose of s. 115.88 (4) and then for the purpose of s. 115.88
13(10)
. Costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b)
14under ss. 115.88 (1m) to (3), (6) and (8), 115.93, and 118.255 (4) shall be reimbursed
15at a rate set to distribute the full amount appropriated for reimbursement for the
16costs, not to exceed 100%.".
SB40-ASA1-AA1,339,17 171712. Page 1237, line 5: after that line insert:
SB40-ASA1-AA1,339,18 18" Section 2713m. 118.15 (1) (cv) of the statutes is created to read:
SB40-ASA1-AA1,339,2119 118.15 (1) (cv) Attendance at a special education program operated by a public
20entity or private provider under a scholarship awarded under s. 115.85 may be
21substituted for attendance at a public or private school.".
SB40-ASA1-AA1,339,22 221713. Page 1237, line 5: after that line insert:
SB40-ASA1-AA1,339,23 23" Section 2719m. 118.35 (4) of the statutes is amended to read:
SB40-ASA1-AA1,340,4
1118.35 (4) From the appropriation under s. 20.255 (2) (fy), the department shall
2award grants to nonprofit organizations, cooperative educational service agencies,
3and the school district operating under ch. 119 for the purpose of providing advanced
4curriculum and assessments for gifted and talented middle school pupils.".
SB40-ASA1-AA1,340,6 51714. Page 1237, line 6: delete the material beginning with that line and
6ending with page 1239, line 4, and substitute:
SB40-ASA1-AA1,340,7 7" Section 2717L. 118.43 (3) (intro.) of the statutes is amended to read:
SB40-ASA1-AA1,340,108 118.43 (3) Contract requirements. (intro.) Except as provided in pars. (am)
9and (ar) and sub. (4m), an achievement guarantee contract shall require the school
10board to do all of the following in each participating school:
SB40-ASA1-AA1, s. 2717p 11Section 2717p. 118.43 (4m) of the statutes is created to read:
SB40-ASA1-AA1,340,1412 118.43 (4m) Exceptions. A school district participating in the program under
13this section may disregard the requirement to reduce class size to 15 in grades 2 or
143, or both, in any school.
SB40-ASA1-AA1, s. 2717t 15Section 2717t. 118.43 (6) (b) (intro.) of the statutes is amended to read:
SB40-ASA1-AA1,340,1916 118.43 (6) (b) (intro.) From the appropriations appropriation under s. 20.255
17(2) (cu) and (cv), subject to par. (c), the department shall pay to each school district
18that has entered into a contract with the department under this section an amount
19determined as follows:
SB40-ASA1-AA1, s. 2717v 20Section 2717v. 118.43 (6) (b) 9. of the statutes is amended to read:
SB40-ASA1-AA1,341,421 118.43 (6) (b) 9. In the 2005-06 and 2006-07 school years, $2,000 multiplied
22by the number of low-income pupils enrolled in grades eligible for funding in each
23school in the school district covered by renewals of contracts under sub. (2) (g); and
24in the 2007-08 school year and any subsequent school year, $2,250 multiplied by the

1number of low-income pupils enrolled in grades eligible for funding in each school
2in the school district covered by renewals of contracts under sub. (2) (g). A grade is
3eligible for funding only if the school board has reduced class size in that grade to
415.
".
SB40-ASA1-AA1,341,5 51715. Page 1239, line 5: delete lines 5 to 25.
SB40-ASA1-AA1,341,6 61716. Page 1240, line 1: delete lines 1 to 20.
SB40-ASA1-AA1,341,7 71717. Page 1240, line 20: after that line insert:
SB40-ASA1-AA1,341,8 8" Section 2731d. 118.53 of the statutes is created to read:
SB40-ASA1-AA1,341,9 9118.53 Racine County Parental Choice Program. (1) In this section:
SB40-ASA1-AA1,341,1010 (a) "Membership" has the meaning given in s. 121.004 (5).
SB40-ASA1-AA1,341,1211 (b) "Poverty line" means the federal poverty line as defined under 42 USC 9902
12(2).
SB40-ASA1-AA1,341,1313 (c) "Resident school board" means the school board of a resident school district.
SB40-ASA1-AA1,341,1414 (d) "Resident school district" means the school district in which a pupil resides.
SB40-ASA1-AA1,341,1615 (e) "Summer average daily membership equivalent" has the meaning given in
16s. 121.004 (8).
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