Amendment ASA1-SB40

SB40-ASA1,1217,16 (g) It awards a certificate of recognition to each pupil who successfully completes the construction career academy's plan of study.

SB40-ASA1,1217,18 (3) The recipient of a grant under this section shall provide matching funds equal to 50 percent of the grant amount awarded to the recipient.

SB40-ASA1,1217,20 (4) The recipient of a grant under this section may use the grant funds only for the following purposes:

SB40-ASA1,1217,23 (a) To purchase materials and equipment, fund field trips, and make improvements to facilities, or for other specific needs relating to the construction career academy.

SB40-ASA1,1217,25 (b) For developing a core curriculum, for professional development, or for other administrative needs of the recipient.

SB40-ASA1,1218,3 (5) (a) The department may award a grant for the purposes described under sub. (4) (a) in an amount that equals not more than $900 for each pupil enrolled in the construction career academy at the time that the award is granted.

SB40-ASA1,1218,5 (b) The department may award a grant for the purposes described under sub. (4) (b) in an amount not exceeding $50,000.

SB40-ASA1,1218,6 (6) The department shall promulgate rules to administer this section.

SB40-ASA1, s. 2641b Section 2641b. 101.985 (2) (a) (intro.) of the statutes, as created by 2005 Wisconsin Act 456, is amended to read:

SB40-ASA1,1218,13 101.985 (2) (a) General licensing. (intro.) Except as provided in pars. (am) to (d), the department shall issue an elevator mechanic's license to each individual who satisfactorily completes an elevator mechanic's apprenticeship program that is approved by the U.S. department of labor or by the department of workforce development or who satisfies all of the following:

SB40-ASA1, s. 2641f Section 2641f. 101.985 (2) (a) 1. of the statutes, as created by 2005 Wisconsin Act 456, is repealed.

SB40-ASA1, s. 2641h Section 2641h. 101.985 (2) (a) 4. of the statutes, as created by 2005 Wisconsin Act 456, is repealed.

SB40-ASA1, s. 2641k Section 2641k. 101.985 (2) (am) of the statutes, as created by 2005 Wisconsin Act 456, is amended to read:

SB40-ASA1,1219,2 101.985 (2) (am) Requirements for individuals with prior experience. The department shall promulgate rules that establish requirements for issuing an elevator mechanic's licenses license to individuals an individual who have has performed work described under s. 101.984 (2) (a) or (b) within the scope of their his or her employment before June 1, 2007, but who do does not satisfy all of the criteria specified in par. (a) 1. to 4 the requirements under par. (a) to be issued a license. The rules may contain a deadline before which an individual must apply for a license issued under this paragraph.

SB40-ASA1, s. 2641m Section 2641m. 101.985 (2) (b) of the statutes, as created by 2005 Wisconsin Act 456, is amended to read:

SB40-ASA1,1219,9 101.985 (2) (b) Licensing out-of-state mechanics. The requirements under par. (a) 1. to 4. do not apply to an individual who is licensed as an elevator mechanic under the laws of another state, if, in the opinion of the department, that state's regulation of elevator mechanics is substantially the same as this state's. The department may summarily issue an elevator mechanic's license to such an individual.

SB40-ASA1, s. 2641p Section 2641p. 101.985 (2) (c) of the statutes, as created by 2005 Wisconsin Act 456, is amended to read:

SB40-ASA1,1220,4 101.985 (2) (c) Emergency licensing. If the governor declares that a state of emergency exists in this state under s. 166.03 (1) (b) 1. and the department determines that the number of individuals in the state who hold elevator mechanic's licenses issued by the department under this section on the date of the declaration is insufficient to cope with the emergency, the department shall summarily issue an emergency elevator mechanic's license to any individual who is certified by an elevator contractor licensed under this subchapter as adequately qualified and able to perform the work of an elevator mechanic without direct and immediate supervision, who the department determines is so qualified and able, and who applies for an emergency elevator mechanic's license on a form prescribed by the department. An individual certified by a contractor under this subdivision may perform work as an elevator mechanic for up to a total of 5 days preceding the date the individual is issued the license. An emergency elevator mechanic's license has a term of 30 days and may be renewed by the department in the case of a continuing emergency. The department shall specify on an emergency elevator mechanic's license the geographic area in which the licensee may provide services under the license. The requirements under par. (a) 1. to 4. do not apply to an individual who applies for an emergency elevator mechanic's license.

SB40-ASA1, s. 2641r Section 2641r. 101.985 (2) (d) of the statutes, as created by 2005 Wisconsin Act 456, is amended to read:

SB40-ASA1,1220,20 101.985 (2) (d) Temporary licensing. If there are no elevator mechanics licensed under this subchapter available to provide services contracted for by an elevator contractor licensed under this subchapter, the elevator contractor may notify the department and request the issuance of a temporary elevator mechanic's license to any individual who is certified by the elevator contractor as adequately qualified and able to perform the work of an elevator mechanic without direct and immediate supervision and who applies for a temporary elevator mechanic's license on a form prescribed by the department. A temporary elevator mechanic's license has a term of 30 days and may be renewed by the department in the case of a continuing shortage of licensed elevator mechanics. The department shall specify on a temporary elevator mechanic's license the elevator contractor in whose employ the licensee must remain to provide services under the temporary elevator mechanic's license. The requirements under par. (a) 1. to 4. do not apply to an individual who applies for a temporary elevator mechanic's license.

SB40-ASA1, s. 2263 Section 2263. 102.01 (2) (d) of the statutes is amended to read:

SB40-ASA1,1220,24 102.01 (2) (d) "Municipality" includes a county, city, town, village, school district, sewer district, drainage district and family long-term care district and other public or quasi-public corporations.

SB40-ASA1, s. 2264 Section 2264. 102.04 (1) (a) of the statutes is amended to read:

SB40-ASA1,1221,3 102.04 (1) (a) The state, each county, city, town, village, school district, sewer district, drainage district, family long-term care district and other public or quasi-public corporations therein.

SB40-ASA1, s. 2265 Section 2265. 102.27 (2) (a) of the statutes is amended to read:

SB40-ASA1,1221,6 102.27 (2) (a) A benefit under this chapter is assignable under s. 46.10 (14) (e), 49.345 (14) (e), 301.12 (14) (e), 767.225 (1) (L), 767.513 (3), or 767.75 (1) or (2m).

SB40-ASA1, s. 2266 Section 2266. 102.29 (8r) of the statutes is amended to read:

SB40-ASA1,1221,16 102.29 (8r) No participant in a food stamp employment and training program under s. 49.13 49.79 (9) who, under s. 49.13 (2) (d) 49.79 (9) (a) 5., is provided worker's compensation coverage by the department of health and family services or by a Wisconsin works Works agency, as defined in s. 49.001 (9), or other provider under contract with the department of health and family services or a county department under s. 46.215, 46.22, or 46.23 or tribal governing body to administer the food stamp employment and training program and who makes a claim for compensation under this chapter may make a claim or maintain an action in tort against the employer who provided the employment and training from which the claim arose.

SB40-ASA1, s. 2267 Section 2267. 103.001 (6) of the statutes is amended to read:

SB40-ASA1,1221,22 103.001 (6) "Employer" means any person, firm, corporation, state, county, town, city, village, school district, sewer district, drainage district, family long-term care district and other public or quasi-public corporations as well as any agent, manager, representative or other person having control or custody of any employment, place of employment or of any employee.

SB40-ASA1, s. 2268 Section 2268. 103.005 (17) of the statutes is repealed.

SB40-ASA1, s. 2269 Section 2269. 103.005 (18) of the statutes is repealed.

SB40-ASA1, s. 2270 Section 2270. 106.18 of the statutes is created to read:

SB40-ASA1,1222,3 106.18 Youth programs in 1st class cities. From the appropriation account under s. 20.445 (1) (fm), the department shall implement and operate youth summer jobs programs in 1st class cities.

SB40-ASA1, s. 2650e Section 2650e. 108.05 (2) (f) of the statutes is amended to read:

SB40-ASA1,1222,7 108.05 (2) (f) The department shall certify such schedule to the revisor of statutes, who legislative reference bureau, which shall when publishing the statutes include the latest such schedule then available.

SB40-ASA1, s. 2650r Section 2650r. 108.10 (7) (b) of the statutes is amended to read:

SB40-ASA1,1222,16 108.10 (7) (b) The department may choose not to appeal and to nonacquiesce in the decision by sending a notice of nonacquiescence to the commission, to the revisor of statutes legislative reference bureau for publication in the Wisconsin administrative register and to the employer before the time expires for seeking a judicial review of the decision under sub. (4). The effect of this action is that, although the decision is binding on the parties to the case, the commission's conclusions of law, the rationale and construction of statutes in the case are not binding on the department in other cases.

SB40-ASA1, s. 2271 Section 2271. 108.20 (2m) of the statutes is amended to read:

SB40-ASA1,1223,12 108.20 (2m) From the moneys not appropriated under s. 20.445 (1) (ge), (gf), (gg), and (gi) which that are received by the administrative account as interest and penalties under this chapter, the department shall pay the benefits chargeable to the administrative account under s. 108.07 (5) and the interest payable to employers under s. 108.17 (3m), and may expend the remainder to pay interest due on advances to the unemployment reserve fund from the federal unemployment account under title XII of the social security act, 42 USC 1321 to 1324, may to conduct research relating to the condition of the unemployment reserve fund under s. 108.14 (6), to administer the unemployment insurance program and federal or state unemployment insurance programs authorized by the governor under s. 16.54, to assist the department of justice in the enforcement of this chapter, to make payments to satisfy a federal audit exception concerning a payment from the fund or any federal aid disallowance involving the unemployment insurance program, or may to make payments to the fund if such action is necessary to obtain a lower interest rate or deferral of interest payments on advances from the federal unemployment account under title XII of the social security act, except that any interest earned pending disbursement of federal employment security grants under s. 20.445 (1) (n) shall be credited to the general fund. Any moneys reverting to the administrative account from the appropriations under s. 20.445 (1) (ge) and (gf) shall be utilized as provided in this subsection.

SB40-ASA1, s. 2272 Section 2272. 110.09 of the statutes is created to read:

SB40-ASA1,1223,25 110.09 Background investigations of certain persons. (1) (a) Notwithstanding ss. 111.321, 111.322, and 111.335, the department of transportation, with the assistance of the department of justice, shall conduct a background investigation of any person who has been selected to fill a position within the division of the department of transportation responsible for issuing operator's licenses and identification cards. This background investigation may include requiring the person to be fingerprinted on 2 fingerprint cards each bearing a complete set of the person's fingerprints, or by other technologies approved by law enforcement agencies. The department of justice shall submit any such fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions.

SB40-ASA1,1224,7 (b) Notwithstanding ss. 111.321, 111.322, and 111.335, at any interval determined appropriate by the department, the department may conduct, in the manner specified in par. (a), additional background investigations of any person for whom an initial background investigation has been conducted under par. (a) and background investigations of other persons employed by the department within the division of the department responsible for issuing operator's licenses and identification cards.

SB40-ASA1,1224,9 (c) The department shall promulgate rules governing confidentiality of information obtained under this subsection.

SB40-ASA1,1225,8 (2) Notwithstanding ss. 111.321, 111.322, and 111.335, the department shall require, as a precondition to allowing access to any information system in which is stored information maintained by the division of the department responsible for issuing operator's licenses and identification cards, that any person to whom access is granted submit to a background investigation as provided in this subsection. Notwithstanding ss. 111.321, 111.322, and 111.335, the department shall require the employer, including any state agency, of any person to whom the information will be made available to conduct the background investigation in a manner prescribed by the department. The department may require, as part of this background investigation, that the person be fingerprinted in the manner described in sub. (1) (a) and that these fingerprints be provided to the department of justice for submission to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions. Notwithstanding ss. 111.321, 111.322, and 111.335, the department shall require that the employer certify the results of the background investigation and, based upon these results, may deny or restrict access to any information requested. In addition to the initial background investigation required under this subsection, the department may require on a periodic basis subsequent background investigations consistent with this subsection for persons with ongoing access to information. Any cost associated with the requirements under this subsection is the responsibility of the employer. For purposes of this subsection, "employer" includes a self-employed person. The department shall promulgate rules governing background investigations, and confidentiality of information obtained, under this subsection.

SB40-ASA1, s. 2273 Section 2273. 110.20 (7) of the statutes is amended to read:

SB40-ASA1,1225,13 110.20 (7) Voluntary inspections. The inspection and maintenance program shall require inspection of any nonexempt vehicle which a person presents for inspection at an inspection station or at any other location where, as established under sub. (8) (bm), the vehicle may be inspected.

SB40-ASA1, s. 2274 Section 2274. 110.20 (8) (title) of the statutes is amended to read:

SB40-ASA1,1225,15 110.20 (8) (title) Contractors and other inspection methods.

SB40-ASA1, s. 2275 Section 2275. 110.20 (8) of the statutes is renumbered 110.20 (8) (am), and 110.20 (8) (am) 1., as renumbered, is amended to read:

SB40-ASA1,1226,4 110.20 (8) (am) 1. The emissions test and equipment inspection of nonexempt vehicles shall may be performed by persons under contract with the department. The Each such contract shall require the contractor to operate inspection stations for a minimum of 3 years and shall provide for equitable compensation to the contractor if the operation of an inspection and maintenance program within any county is terminated within 3 years after the inspection and maintenance program in the county is begun. No officer, director or employee of the contractor may be an employee of the department or a person engaged in the business of selling, maintaining or repairing motor vehicles or of selling motor vehicle replacement or repair parts. The department shall require the contractor to operate a sufficient number of inspection stations, permanent or mobile, to ensure public convenience in those counties identified under sub. (5).

SB40-ASA1, s. 2276 Section 2276. 110.20 (8) (am) 1m. of the statutes is created to read:

SB40-ASA1,1226,10 110.20 (8) (am) 1m. Each contract under subd. 1. may authorize or require the contractor to install and operate self-service inspection stations and may allow the use of different methods for emissions testing and equipment inspection, consistent with methods established under par. (bm), than those used at inspection stations that are not self-service.

SB40-ASA1, s. 2277 Section 2277. 110.20 (8) (bm) of the statutes is created to read:

SB40-ASA1,1226,21 110.20 (8) (bm) The department may establish methods for emissions testing and equipment inspection of nonexempt vehicles in addition to testing and inspection by contractors. These methods may include the installation and operation by the department of self-service inspection stations and the utilization of any technology related to emissions or data transmission with which motor vehicles may be equipped. The department may establish methods for emissions testing and equipment inspection specifically applicable to self-service inspection stations, which methods shall apply equally to self-service inspection stations operated by contractors under par. (am) 1m. and self-service inspection stations operated by the department under this paragraph.

SB40-ASA1, s. 2278 Section 2278. 110.20 (9) (k) of the statutes is created to read:

SB40-ASA1,1226,24 110.20 (9) (k) Prescribe a procedure for any method for emissions testing and equipment inspection established under sub. (8) (bm).

SB40-ASA1, s. 2279 Section 2279. 110.20 (10m) of the statutes is amended to read:

SB40-ASA1,1227,9 110.20 (10m) Reinspection. The owner of a nonexempt vehicle inspected under this section is entitled, if the inspection determines that any applicable emission limitation is exceeded, to one reinspection of the same vehicle at any inspection station within this state operated by a contractor under sub. (8) (am), or at any other location where, as established under sub. (8) (bm), the vehicle was initially inspected, if the reinspection takes place within 30 days after the initial inspection or the owner presents satisfactory evidence that the repairs and adjustments which were performed on the vehicle could not have been made within 30 days of the initial inspection.

SB40-ASA1, s. 2280 Section 2280. 110.20 (11) of the statutes is amended to read:

SB40-ASA1,1227,17 110.20 (11) Inspection tests; results. (a) The A contractor shall perform the tests required under the federal act, and any testing and inspection method established under sub. (8) (bm) shall include the tests required under the federal act. The tests shall include one of the approved short tests required by the federal act to determine compliance with applicable emission limitations for carbon monoxide, hydrocarbons and oxides of nitrogen. The department may require the contractor contractors to provide information on the fuel efficiency of the motor vehicle.

SB40-ASA1,1228,2 (b) The department shall require the each contractor to furnish the results of the emissions inspection in writing to the person presenting the vehicle for inspection before he or she departs from the inspection station. For emissions inspections not conducted by a contractor, the department shall require any testing and inspection method established under sub. (8) (bm) to include the contemporaneous furnishing of the results of the emissions inspection in writing to the person having the vehicle inspected. If the inspection shows that the vehicle does not comply with one or more applicable emissions limitations, the results shall include, to the extent possible, a description of the noncompliance and the adjustments or repairs likely to be needed for compliance.

SB40-ASA1, s. 2281 Section 2281. 110.21 of the statutes is amended to read:

SB40-ASA1,1228,9 110.21 Education and training related to motor vehicle emissions. The department and its contractors under s. 110.20 (8) (am) shall conduct a program of public education related to the motor vehicle emission and equipment inspection and maintenance program established under s. 110.20 (6). The program under s. 110.20 (6) may include a pilot project of motor vehicle emissions inspections for those owners who elect to present their motor vehicles for inspection.

SB40-ASA1, s. 2282 Section 2282. 111.70 (1) (j) of the statutes is amended to read:

SB40-ASA1,1228,17 111.70 (1) (j) "Municipal employer" means any city, county, village, town, metropolitan sewerage district, school district, family long-term care district, or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state, that engages the services of an employee and includes any person acting on behalf of a municipal employer within the scope of the person's authority, express or implied, but specifically does not include a local cultural arts district created under subch. V of ch. 229.

SB40-ASA1, s. 2283 Section 2283. 114.33 (10) of the statutes is amended to read:

SB40-ASA1,1229,8 114.33 (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.

SB40-ASA1, s. 2284 Section 2284. 115.28 (23) (d) of the statutes is amended to read:

SB40-ASA1,1229,11 115.28 (23) (d) The minority group pupil precollege scholarship program under s. 115.43.

SB40-ASA1, s. 2285 Section 2285. 115.315 of the statutes is amended to read:

SB40-ASA1,1229,22 115.315 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.

SB40-ASA1, s. 2286 Section 2286. 115.341 (1) of the statutes is amended to read:

SB40-ASA1,1230,4 115.341 (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.

SB40-ASA1, s. 2287 Section 2287. 115.347 (1) of the statutes is amended to read:

SB40-ASA1,1230,10 115.347 (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.

SB40-ASA1, s. 2288 Section 2288. 115.347 (2) of the statutes is amended to read:

SB40-ASA1,1230,22 115.347 (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).

SB40-ASA1, s. 2289 Section 2289. 115.347 (3) of the statutes is amended to read:

SB40-ASA1,1231,3 115.347 (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).

SB40-ASA1, s. 2290 Section 2290. 115.365 (2) (intro.) of the statutes is amended to read:

SB40-ASA1,1231,6 115.365 (2) (intro.) The department, in conjunction with the department of health and family services and the department of children and families, shall:

SB40-ASA1, s. 2291 Section 2291. 115.368 (2) (intro.) of the statutes is amended to read:

SB40-ASA1,1231,11 115.368 (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:

SB40-ASA1, s. 2292 Section 2292. 115.395 of the statutes is created to read:

SB40-ASA1,1231,15 115.395 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.

SB40-ASA1,1232,2 (2) The board may apply to the department of administration for a grant of up to $5,000,000 in the 2007-08 school year and up to $10,000,000 in any school year thereafter 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.

SB40-ASA1,1232,6 (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.

SB40-ASA1,1232,10 (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.