Amendment ASA1-SB40

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.

SB40-ASA1, s. 2293 Section 2293. 115.42 (title) of the statutes is amended to read:

SB40-ASA1,1232,13 115.42 (title) National Grants for national teacher certification or master educator licensure.

SB40-ASA1, s. 2294 Section 2294. 115.42 (1) (a) 1. of the statutes is amended to read:

SB40-ASA1,1232,17 115.42 (1) (a) 1. The person is certified by the National Board for Professional Teaching Standards or licensed by the department as a master educator under s. PI 34.19, Wis. Adm. Code.

SB40-ASA1, s. 2295 Section 2295. 115.42 (1) (b) of the statutes is amended to read:

SB40-ASA1,1232,23 115.42 (1) (b) The grant under this subsection shall be an amount equal to the costs of obtaining certification or licensure under par. (a) 1. that are borne by the person, not to exceed $2,000. The department shall award the grant under this subsection in the first school year in which the person meets the requirements under par. (a).

SB40-ASA1, s. 2296 Section 2296. 115.42 (2) (a) (intro.) of the statutes is amended to read:

SB40-ASA1,1233,3 115.42 (2) (a) (intro.) The Except as provided in par. (c), the department shall award 9 grants of $2,500 each to each person who received a grant under sub. (1) if the person satisfies all of the following requirements:

SB40-ASA1, s. 2297 Section 2297. 115.42 (2) (a) 1. of the statutes is amended to read:

SB40-ASA1,1233,7 115.42 (2) (a) 1. The person maintains his or her certification by the National Board for Professional Teaching Standards national teacher certificate or master educator license.

SB40-ASA1, s. 2298 Section 2298. 115.42 (2) (a) 2. of the statutes is amended to read:

SB40-ASA1,1233,11 115.42 (2) (a) 2. The person maintains his or her license as a teacher issued by the state superintendent or remains employed in a private school located in this state.

SB40-ASA1, s. 2299 Section 2299. 115.42 (2) (c) of the statutes is created to read:

SB40-ASA1,1233,16 115.42 (2) (c) The amount of each grant under par. (a) shall be $5,000 in any school year in which the recipient is employed in a school in which at least 60 percent of the pupils enrolled are eligible for a free or reduced-price lunch under 42 USC 1758 (6).

SB40-ASA1, s. 2300 Section 2300. 115.43 (title) of the statutes is amended to read:

SB40-ASA1,1233,18 115.43 (title) Minority group pupil Precollege scholarships.

SB40-ASA1, s. 2301 Section 2301. 115.43 (1) of the statutes is amended to read:

SB40-ASA1,1233,23 115.43 (1) Definition. In this section, "minority group economically disadvantaged pupil" means a pupil who is Black or African American, Hispanic, American Indian, an Alaskan native, or a person of Asian or Pacific Island origin eligible for a free or reduced-price lunch under 42 USC 1758 (b).

SB40-ASA1, s. 2302 Section 2302. 115.43 (2) (a) of the statutes is amended to read:

SB40-ASA1,1234,3 115.43 (2) (a) Annually set goals relating to increasing the percentages of minority group economically disadvantaged pupils who graduate from high school and are prepared for postsecondary school education.

SB40-ASA1, s. 2303 Section 2303. 115.43 (2) (b) of the statutes is amended to read:

SB40-ASA1,1234,11 115.43 (2) (b) From the appropriation under s. 20.255 (3) (fz), award precollege scholarships, on a competitive basis, to minority group economically disadvantaged pupils who enroll in a technical college or in college or university classes or programs designed to improve academic skills that are essential for success in postsecondary school education. The state superintendent shall give preference to minority group economically disadvantaged pupils who are inadequately represented in the technical college and University of Wisconsin Systems.

SB40-ASA1, s. 2304 Section 2304. 115.445 of the statutes is created to read:

SB40-ASA1,1234,15 115.445 Four-year-old kindergarten grants. (1) A school board may apply to the department for a 2-year grant under this section to implement a 4-year-old kindergarten program.

SB40-ASA1,1234,20 (2) (a) In the first school year of a grant awarded under this section, the department shall pay the school board up to $3,000 for each 4-year-old kindergarten pupil enrolled in the school district. In the succeeding school year, the department shall pay the school board up to $1,500 for each 4-year-old kindergarten pupil enrolled in the school district.

SB40-ASA1,1234,25 (b) The department shall award grants under this section beginning in the 2008-09 school year and shall give preference in awarding grants to school boards that use community approaches to early education, as defined by the department by rule. If the funds in the appropriation under s. 20.255 (2) (dp) are insufficient to pay all eligible school boards, the department shall prorate the payments.

SB40-ASA1,1235,1 (3) The department shall promulgate rules to implement this section.

SB40-ASA1, s. 2710e Section 2710e. 115.53 (3) (a) of the statutes is amended to read:

SB40-ASA1,1235,6 115.53 (3) (a) Arrange for otological or ophthalmic examination of any pupil or prospective pupil of the Wisconsin Educational Services Program for the Deaf and Hard of Hearing. The examination shall be paid for from the appropriation in s. 20.255 (1) (b), (gh) or (gs).

SB40-ASA1, s. 2710m Section 2710m. 115.53 (3) (b) of the statutes is amended to read:

SB40-ASA1,1235,11 115.53 (3) (b) Arrange for ophthalmic or otological examination of any pupil or prospective pupil of the school operated by the Wisconsin Center for the Blind and Visually Impaired. The examination shall be paid from the appropriation in s. 20.255 (1) (b), (gh), (gL), or (gs).

SB40-ASA1, s. 2710s Section 2710s. 115.53 (4) of the statutes is repealed.

SB40-ASA1, s. 2305 Section 2305. 115.812 (1) of the statutes is amended to read:

SB40-ASA1,1235,20 115.812 (1) Placement disputes. If a dispute arises between a local educational agency and the department of health and family services children and families, the department of corrections, or a county department under s. 46.215, 46.22, or 46.23, or between local educational agencies under s. 115.81 (4) (c), over the placement of a child, the state superintendent shall resolve the dispute. This subsection applies only to placements in nonresidential educational programs made under s. 48.57 (1) (c) and to placements in residential care centers made under s. 115.81.

SB40-ASA1, s. 2306 Section 2306. 118.125 (2) (i) of the statutes is amended to read:

SB40-ASA1,1236,3 118.125 (2) (i) Upon request, the school district clerk or his or her designee shall provide the names of pupils who have withdrawn from the public school prior to graduation under s. 118.15 (1) (c) to the technical college district board in which the public school is located or, for verification of eligibility for public assistance under ch. 49, to the department of health and family services, the department of workforce development children and families, or a county department under s. 46.215, 46.22, or 46.23.

SB40-ASA1, s. 2307 Section 2307. 118.19 (1r) (a) of the statutes is amended to read: