SECTION 9. 341.14 (6r) (fm) 7. of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
341.14 (6r) (fm) 7. After October 1, 1998, additional authorized special groups may only be special groups designated by the department under this paragraph. The authorized special groups enumerated in par. (f) shall be limited solely to those special groups specified under par. (f) on October 1, 1998. This subdivision does not apply to the special groups specified under par. (f) 3m., 6m., 9g., 9m., 12g., 12m., 19m., 49d., 49h., 49s., 54., 55., 55m., 56., 57., 58., 59., and 60.
****NOTE: This is reconciled s. 341.14 (6r) (fm) 7. This SECTION has been affected by drafts with the following LRB numbers: LRB-1326/3 and LRB-1605/2.
SECTION 9450. Effective dates; Transportation.
(1) SECOND ENDANGERED RESOURCES LICENSE PLATE. The treatment of sections 20.370 (1) (fs), 25.29 (1) (f), 25.40 (1) (a) 25., 341.14 (6r) (b) 1. (by SECTION 4) and 12., 341.14 (6r) (c) (by SECTION 6), 341.14 (6r) (e) (by Section 7), 341.14 (6r) (f) 59., and 341.14 (6r) (fm) 7. (by SECTION 9) of the statutes takes effect on the first day of the 7th month beginning after publication.
(End)
LRB-1337LRB-1337/3
GMM:nwn:rs
2009 - 2010 LEGISLATURE
DOA:......Rhodes, BB0332 - Wisconsin covenant eligibility modifications
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
education
Other educational and cultural agencies
Under current law, HEAB awards various grants to resident students for higher education, including, beginning in the 2011-12 academic year, Wisconsin covenant scholar grants to resident students who are enrolled at least half time and registered as freshmen, sophomores, juniors, or seniors in public or private, nonprofit, accredited institutions of higher education or in tribally controlled colleges in this state. Current law requires HEAB to promulgate rules to implement that grant program. This bill requires a student to be designated as a Wisconsin covenant scholar by the Office of the Wisconsin Covenant Scholars Program in DOA (office) in order to be eligible for a Wisconsin covenant scholar grant. This bill also requires DOA, rather than HEAB, to promulgate rules to implement the grant program and requires those rules to include rules establishing eligibility criteria for designation as a Wisconsin covenant scholar. In addition, the bill requires DPI, to the extent permitted under the federal Family Educational Rights and Privacy Act, to provide pupil information to the office as necessary for the office to fulfill its role in the administration of the grant program.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 39.437 (1) of the statutes is amended to read:
39.437 (1) ESTABLISHMENT OF GRANT PROGRAM. There is established, to be administered by the board, with the assistance of the office of the Wisconsin Covenant Scholars Program in the department of administration as provided in subs. (2) (a) 2., (4), and (5), a Wisconsin Covenant Scholars Program to provide grants to students who meet the eligibility criteria specified in sub. (2).
SECTION 2. 39.437 (2) (a) of the statutes is renumbered 39.437 (2) (a) (intro.) and amended to read:
39.437 (2) (a) (intro.) Except as provided in par. (b), a student is eligible for a grant under this section if the student is meets all of the following criteria:
1. The student is a resident of this state and is enrolled at least half time and registered as a freshman, sophomore, junior, or senior in a public or private, nonprofit, accredited institution of higher education or in a tribally controlled college in this state.
SECTION 3. 39.437 (2) (a) 2. of the statutes is created to read:
39.437 (2) (a) 2. The student has been designated as a Wisconsin covenant scholar by the office of the Wisconsin Covenant Scholars Program in the department of administration.
SECTION 4. 39.437 (4) (a) of the statutes is amended to read:
39.437 (4) (a) By February 1 of each year, the Board of Regents of the University of Wisconsin System shall provide to the board office of the Wisconsin Covenant Scholars Program in the department of administration information relating to the resident undergraduate academic fees charged to attend each of the institutions within that system for the current academic year, the technical college system board shall provide to the board that office information relating to the fees under s. 38.24 (1m) (a) to (c) charged to attend each of the technical colleges within that system for the current academic year, and each tribally controlled college in this state shall provide to the board that office information relating to the tuition and fees charged to attend the tribal college for the current academic year, and the Wisconsin Association of Independent Colleges and Universities or a successor organization shall provide to that office information relating to tuition and fees charged to attend each of the private, nonprofit, accredited institutions of higher education in this state for the currant academic year.
SECTION 5. 39.437 (4) (b) of the statutes is amended to read:
39.437 (4) (b) By April 1 of each year, the board office of the Wisconsin Covenant Scholars Program in the department of administration shall determine the average of the resident undergraduate academic fees charged for the current academic year among the institutions within the University of Wisconsin System, the average of the fees under s. 38.24 (1m) (a) to (c) charged for the current academic year among the technical colleges in this state, and the average of the tuition and fees charged for the current academic year among the tribally controlled colleges in this state, and the average of the tuition and fees charged for the current academic year among the private, nonprofit, accredited institutions of higher education in this state.
SECTION 6. 39.437 (4) (c) of the statutes is created to read:
39.437 (4) (c) To the extent permitted under 20 USC 1232g and 34 CFR part 99, the department of public instruction shall provide pupil information to the office of the Wisconsin Covenant Scholars Program in the department of administration as necessary for that office to fulfill its role in the administration of the grant program under this section.
SECTION 7. 39.437 (5) of the statutes is renumbered 39.437 (5) (intro.) and amended to read:
39.437 (5) RULES. (intro.) The board department of administration shall promulgate rules to implement this section, including rules all of the following:
(a) Rules establishing a reporting system to periodically provide student economic data and any.
(c) Any other rules the board department of administration considers necessary to assure the uniform administration of this section.
SECTION 8. 39.437 (5) (b) of the statutes is created to read:
39.437 (5) (b) Rules establishing eligibility criteria for designation as a Wisconsin covenant scholar under sub. (2) (a) 2.
SECTION 9. 2007 Wisconsin Act 20, section 9122 (1) is repealed.
SECTION 9101. Nonstatutory provisions; Administration.
(1) WISCONSIN COVENANT SCHOLARS PROGRAM.
(a) Rules. The department of administration shall submit in proposed form the rules required under section 39.437 (5) of the statutes, as affected by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 12th month beginning after the effective date of this paragraph.
(b) Emergency rules. Using the procedure under section 227.24 of the statutes, the department of administration may promulgate the rules required under section 39.437 (5) of the statutes, as affected by this act, for the period before the effective date of the permanent rules submitted under paragraph (a), but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of administration is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.
SECTION 9301. Initial applicability; Administration.
(1) WISCONSIN COVENANT SCHOLARS PROGRAM. The renumbering and amendment of section 39.437 (2) (a) of the statutes and the creation of section 39.437 (2) (a) 2. of the statutes first apply to students who enroll in a public or private, nonprofit, accredited, institution of higher education or in a tribally controlled college in this state in the 2011-12 academic year.
(End)
LRB-1338LRB-1338/2
GMM:cjs&wlj:rs
2009 - 2010 LEGISLATURE
DOA:......Stinebrink, BB0335 - Foster care rates
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Children
Current law specifies age-related basic maintenance rates that are paid by the state or a county to a foster parent for the care and maintenance of a child. Currently, those rates are $349 for a child under five years of age, $381 for a child 5 to 11 years of age, $433 for a child 12 to 14 years of age, and $452 for a child 15 years of age or over. This bill increases those rates by 5 percent beginning on January 1, 2010, and by an additional 5 percent beginning on January 1, 2011, so that beginning on January 1, 2010, those rates are $366 for a child under five years of age, $400 for a child 5 to 11 years of age, $455 for a child 12 to 14 years of age, and $475 for a child 15 years of age or over, and beginning on January 1, 2011, those rates are $384 for a child under five years of age, $420 for a child 5 to 11 years of age, $478 for a child 12 to 14 years of age, and $499 for a child 15 years of age or over.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 48.62 (4) of the statutes is amended to read:
48.62 (4) Monthly payments in foster care shall be provided according to the age-related rates specified in this subsection. Beginning on January 1, 2008 2010, the age-related rates are $333 $215 for care and maintenance provided by a relative of a child of any age and, for care and maintenance provided by a nonrelative, $366 for a child under 5 years of age; $363 $400 for a child 5 to 11 years of age; $414 $455 for a child 12 to 14 years of age; and $432 $475 for a child 15 years of age or over. Beginning on January 1, 2009 2011, the age-related rates are $349 $215 for care and maintenance provided by a relative of a child of any age and, for care and maintenance provided by a nonrelative, $384 for a child under 5 years of age; $381 $420 for a child 5 to 11 years of age; $433 $478 for a child 12 to 14 years of age; and $452 $499 for a child 15 years of age or over. In addition to these grants for basic maintenance, the department shall make supplemental payments for special needs, exceptional circumstances, care in a treatment foster home, and initial clothing allowances foster care that are commensurate with the level of care that the foster home is licensed to provide and the needs of the child who is placed in the foster home according to the rules promulgated by the department under sub. (8) (c).
****NOTE: This is reconciled s. 48.62 (4). This SECTION has been affected by drafts with the following LRB numbers: LRB-0884/2 and LRB-1338/1.
SECTION 9408. Effective dates; Children and Families.
(1) FOSTER CARE RATES. The treatment of section 48.62 (4) of the statutes takes effect on January 1, 2010, or on the day after publication, whichever is later.
(End)
LRB-1339LRB-1339/2
GMM:bjk:jf
2009 - 2010 LEGISLATURE
DOA:......Weidner, BB0336 - Prevailing wage contractor records
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Employment
Under the current prevailing wage law, certain laborers, workers, mechanics, and truck drivers employed on a state or local project of public works must be paid at the rate paid for a majority of the hours worked in the person's trade or occupation in the county in which the project is located, as determined by DWD, and may not be required or permitted to work a greater number of hours per day and per week than the prevailing hours of labor, that is, no more than ten hours per day and 40 hours per week, unless they are paid 1.5 times their basic rate of pay (overtime pay) for all hours worked in excess of the prevailing hours of labor. Currently, the prevailing wage law does not apply to a multiple-trade public works project whose estimated cost of completion is less than $234,000 or to a single-trade public works project whose estimated cost of completion is less than $48,000. DWD adjusts those amounts annually based on changes in construction costs.
This bill requires all laborers, workers, mechanics, and truck drivers working on the site of a publicly funded private construction project to be paid not less than the prevailing wage rate and to be paid overtime pay for all hours worked in excess of the prevailing hours of labor. The bill defines a "publicly funded private construction project" as a construction project, other than a project of public works, that receives financial assistance from a local governmental unit and "financial assistance" as any grant, cooperative agreement, loan, contract, or any other arrangement by which a local governmental unit provides or otherwise makes available assistance in any of the following forms:
1. Funding.
2. A transfer or lease of real or personal property of the local governmental unit or of any interest in or permission to use that property for less than fair market value or for reduced consideration.
3. Proceeds from a subsequent transfer or lease of real or personal property transferred or leased from the local governmental unit, if the local governmental unit's share of the fair market value of the property is not returned to the local governmental unit.
4. A redevelopment contract, economic development agreement, industrial development revenue agreement, contract for the development or redevelopment of a tax incremental district or a blighted area, or assistance provided to develop, redevelopment, maintain, operate, or promote a business improvement district.
This bill sets the threshold for applicability of the prevailing wage law at an estimated cost of project completion of $2,000, regardless of whether the project is a single-trade project or a multiple-trade project, and eliminates the authority of DWD to adjust that threshold.
Current law requires each contractor, subcontractor, and agent performing work on a project that is subject to the prevailing wage law to keep records indicating the name and trade or occupation of every person performing work that is subject to the prevailing wage law and an accurate record of the number of hours worked by each of those persons and the actual wages paid for those hours worked. This bill requires a contractor, subcontractor, or agent performing work on a project that is subject to the prevailing wage law to submit, on a weekly basis, a certified record of that information for the preceding week to the local governmental unit, state agency, or private owner or developer authorizing the work.
Current law requires DWD, if requested by any person, to inspect the payroll records of any contractor, subcontractor, or agent performing work on a project that is subject to the prevailing wage law to ensure compliance with that law. If the contractor, subcontractor, or agent is found to be in compliance with that law and if the person making the request is a person performing work that is subject to that law, DWD must charge the person the actual cost of the inspection. If the contractor, subcontractor, or agent is found to be in compliance with that law and if the person making the request is not a person performing work that is subject to that law, DWD must charge the person $250 or the actual cost of the inspection, whichever is greater. This bill requires DWD to charge a person making a request for the inspection of those payroll records only if DWD finds that the contractor, subcontractor, or agent is in compliance with that law and that the request is frivolous. In order to find that a request is frivolous, DWD must find that the person making the request made the request in bad faith, solely for the purpose of harassing or maliciously injuring the contractor, subcontractor, or agent, or that the person making the request knew, or should have known, that there was no reasonable basis for believing that a violation of the prevailing wage law had been committed.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 19.36 (12) of the statutes is amended to read:
19.36 (12) INFORMATION RELATING TO CERTAIN EMPLOYEES. Unless access is specifically authorized or required by statute, an authority shall not provide access to a record prepared or provided by an employer performing work on a project to which s. 66.0903, 66.0904, 103.49, or 103.50 applies, or on which the employer is otherwise required to pay prevailing wages, if that record contains the name or other personally identifiable information relating to an employee of that employer, unless the employee authorizes the authority to provide access to that information. In this subsection, "personally identifiable information" does not include an employee's work classification, hours of work, or wage or benefit payments received for work on such a project.
SECTION 2. 66.0903 (1) (e) of the statutes is repealed.
SECTION 3. 66.0903 (1) (i) of the statutes is repealed.
SECTION 4. 66.0903 (3) (av) of the statutes is amended to read:
66.0903 (3) (av) In determining prevailing wage rates under par. (am) or (ar), the department may not use data from projects that are subject to this section, s. 66.0904, 103.49, or 103.50 or 40 USC 276a 3142 unless the department determines that there is insufficient wage data in the area to determine those prevailing wage rates, in which case the department may use data from projects that are subject to this section, s. 66.0904, 103.49, or 103.50 or 40 USC 276a 3142.
SECTION 5. 66.0903 (5) of the statutes is amended to read:
66.0903 (5) NONAPPLICABILITY. This section does not apply to any single-trade public works project, including a highway, street or bridge construction project, for which the estimated project cost of completion is below $30,000 or an amount determined by the department under this subsection or to any multiple-trade public works project, including a highway, street or bridge construction project, for which the estimated project cost of completion is below $150,000 or an amount determined by the department under this subsection. The department shall adjust those dollar amounts every year, the first adjustment to be made not sooner than December 1, 1997. The adjustments shall be in proportion to any change in construction costs since the effective date of the dollar amounts established under this subsection $2,000.
SECTION 6. 66.0903 (10) (a) of the statutes is amended to read:
66.0903 (10) (a) Each contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person performing the work described in sub. (4) and an accurate record of the number of hours worked by each of those persons and the actual wages paid for the hours worked. By no later than the end of the week following a week in which a contractor, subcontractor, or contractor's or subcontractor's agent performs work on a project that is subject to this section, the contractor, subcontractor, or agent shall submit to the contracting local governmental unit a certified record of the information specified in the preceding sentence for that preceding week.
SECTION 7. 66.0903 (10) (c) of the statutes is amended to read:
66.0903 (10) (c) If requested by any person, the department shall inspect the payroll records of any contractor, subcontractor, or agent performing work on a project that is subject to this section to ensure compliance with this section. If In the case of a request made by a person performing the work specified in sub. (4), if the department finds that the contractor, subcontractor, or agent subject to the inspection is found to be in compliance and if the person making the request is a person performing the work specified in sub. (4) that the request is frivolous, the department shall charge the person making the request the actual cost of the inspection. If In the case of a request made by a person not performing the work specified in sub. (4), if the department finds that the contractor, subcontractor, or agent subject to the inspection is found to be in compliance and if the person making the request is not a person performing the work specified in sub. (4) that the request is frivolous, the department shall charge the person making the request $250 or the actual cost of the inspection, whichever is greater. In order to find that a request is frivolous, the department must find that the person making the request made the request in bad faith, solely for the purpose of harassing or maliciously injuring the contractor, subcontractor, or agent subject to the inspection, or that the person making the request knew, or should have known, that there was no reasonable basis for believing that a violation of this section had been committed.
SECTION 8. 66.0903 (11) (b) 4. of the statutes is amended to read:
