This bill provides revenue limit adjustments for the costs of school safety
equipment, the compensation costs of security officers, the costs of employing school
nurses, and pupil transportation costs. This bill phases in the adjustments over a
three-year period beginning in the 2010-11 school year.
For the purpose of determining a school district's revenue limit, this bill
includes in the school district's state aid amount all federal moneys received by the
school district under the American Recovery and Reinvestment Act of 2009 that are
distributed as general equalization aid or based upon a school district's share of
funding under the federal Elementary and Secondary Education Act.
Current law exempts a school district from the revenue limit if its per pupil
revenue is less than a statutory revenue ceiling, currently set at $9,000. This bill
increases the per pupil revenue ceiling to $9,400 for the 2009-10 school year and to
$9,800 for any subsequent school year.
This bill clarifies the correct method for calculating the revenue limit of a
consolidated school district.
Under current law, the members of the school boards of consolidating school
districts serve as a joint interim school board of the new school district until the
election of members to the school board of the new school district. This bill clarifies
that a member of the school board of one of the consolidating school districts who has
been newly elected to the school board of the new school district may continue to serve
on the school board of the consolidating school district after the election of the new
school district board members and until the effective date of the consolidation.
This bill makes changes to the laws governing the Milwaukee Parental Choice
Program (MPCP), under which a pupil who resides in the city of Milwaukee may
attend a private school at state expense under certain conditions.
Under current law, a private school participating in the MPCP must achieve
accreditation by an accrediting organization or association by December 31 of the
third school year following the first school year in which it participates in the MPCP.
This bill requires the private school to attain accreditation by August 1 of the school
year in which the school first participates in the MPCP.
Currently, teachers at private schools participating in the MPCP are required
to have graduated from high school or to have been granted a declaration of
equivalency of high school graduation. Beginning in the 2010-11 school year, this
bill directs each private school participating in the MPCP to ensure that every
teacher and administrator at the private school has at least a bachelor's degree from
an accredited institution of higher education.
Under current law, a school board must schedule at least 1,050 hours of direct
pupil instruction in grades one to six and at least 1,137 hours of direct pupil
instruction in grades seven to twelve. This bill requires private schools participating
in the MPCP to comply with these requirements.
Under current law, enrollment in the MPCP is capped at 22,500 pupils. If the
enrollment cap is reached, DPI must issue an order prohibiting the enrollment of
additional pupils until the number of pupils falls below 22,500. This bill provides
that, if the number of pupils enrolled in the program falls below 22,500, participating
private schools may admit additional pupils under the program but must give first
priority to returning MPCP pupils, second priority to siblings of enrolled MPCP
pupils, and third priority to pupils selected at random under a procedure established
by DPI by rule.
Current law requires each private school participating in the MPCP to
administer a nationally normed standardized test in reading, mathematics, and
science to pupils attending the school under the program in the fourth, eighth, and
tenth grades. This bill requires each private school participating in the MPCP to
administer the examinations adopted or approved by DPI.
Current law requires each school board to adopt either its own academic
standards or the academic standards contained in the governor's executive order
issued on January 13, 1998. Identical provisions exist under current law for
independent charter schools. This bill requires the governing body of each private
school participating in the MPCP to adopt academic standards.
Under current law, each school board and the operator of each independent
charter school must administer a standardized reading test developed by DPI to all
pupils enrolled in the third grade. This bill requires private schools participating in
the MPCP to administer this test.
The federal No Child Left Behind Act requires public school assessments in
reading and mathematics in each of grades three to eight and at least once in grades
ten to twelve; and in science at least once in grades three to five, six to nine, and ten
to twelve. This bill imposes these requirements on private schools participating in
the MPCP for pupils attending the schools under the MPCP.
Under current law, each school board and the operator of each independent
charter school must develop written policies specifying criteria for granting a high
school diploma. Neither a school board nor the operator of an independent charter
school may grant a high school diploma to any pupil unless the pupil has satisfied
the criteria. Similarly, each school board and each independent charter school must
adopt policies specifying criteria for promoting a pupil from the fourth grade to the
fifth grade and from the eighth grade to the ninth grade. A pupil may not be
promoted unless he or she satisfies the promotion criteria. This bill imposes upon
private schools participating in the MPCP the same prohibitions against graduation
and promotion for pupils attending the private school under the MPCP that are
imposed upon school boards and independent charter schools.
The bill requires a private school participating in the MPCP to maintain
progress records for each pupil attending the school under the MPCP while the pupil
attends the school and for at least five years thereafter. The bill requires the private
school to provide a copy of the records to the pupil or the pupil's parent or guardian
upon request and, if the school closes, to transfer the records to the Milwaukee Public
Schools (MPS). The bill also requires the private school to issue a high school
diploma or certificate to each pupil attending the school under the MPCP who
satisfies all of the requirements necessary for high school graduation.
Current law requires a school district to transfer to another school or school
district, within five working days, all pupil records relating to a specific pupil if the
transferring school district has received notice from the pupil (if he or she is adult),
from the pupil's parent or guardian (if the pupil is a minor), or from the other school
or school district that the pupil intends to enroll or has enrolled in the other school
or school district. This bill makes this requirement applicable to the private schools
participating in the MPCP.
The bill also requires each MPCP school to provide each applicant to the school
with all of the following: 1) a list of the names, addresses, and telephone numbers
of the members of the governing body of the school; 2) a notice stating whether the
school is an organization run for profit or not for profit, and, if the school is nonprofit,
proof of its federal tax-exempt status; 3) a copy of the appeals process used if the
school rejects an applicant for admission; 4) a statement that the school agrees to be
subject to the open meetings and open records requirements applicable to public
bodies; 5) graduation requirements; 6) a copy of the non-harassment policy and
procedures used by the school; 7) suspension and expulsion policies and procedures;
and 8) policies for accepting or denying the transfer of credits for coursework
completed by pupils at other schools. In addition, upon request of any person, the
school must provide to that person the information above, as well as the number of
pupils enrolled in the private school in the previous school year; the number of pupils
enrolled in the private school under the MPCP in the previous school year; pupil
scores on standardized tests administered in the previous school year; a copy of the
academic standards adopted by the private school; the number of pupils who have
graduated from the private school in every year in which the private school has
participated in the MPCP; and the rates of promotion of 4th and 8th grade pupils
enrolled in the private school.
This bill requires each private school that applies to participate in the MPCP
to pay to DPI a nonrefundable fee each year in an amount determined by DPI. DPI
must use the fees to evaluate the financial audits and evidence of sound fiscal
practices submitted to DPI by participating private schools.
Under the current school aid formula, the state establishes a guaranteed tax
base, known as the guaranteed valuation. The rate at which a school district's costs
are aided through the formula is determined by comparing the school district's per
pupil tax base (or equalized valuation) to the guaranteed valuation. State aid is
provided to make up the difference between the school district's actual tax base and
that state guaranteed level. A school district's guaranteed valuation is determined
by multiplying the guaranteed valuation per pupil (set by statute) by the district's
enrollment.
This bill provides that for MPS, the guaranteed valuation is determined by
multiplying the valuation per member by the district's enrollment plus 50 percent
of the number of pupils attending a private school under the MPCP. The 50 percent
figure is phased in over a five-year period.
This bill directs the Legislative Reference Bureau, at the direction of the
secretary of administration, to prepare a bill for introduction during the 2009
legislative session that addresses the findings of a review of the finances and
operations of the MPS conducted at the request of the governor and the mayor of
Milwaukee.
This bill changes the funding source for pupil transportation aid from the
general fund to the transportation fund.
Currently, state aid to public library systems is funded using both general
purpose revenue and revenue in the universal service fund. The universal service
fund consists of moneys that are required to be contributed by certain
telecommunications providers. The fund is used for promoting universal
telecommunications service and for other specified purposes. This bill funds public
library aid exclusively from the universal service fund.
Current law directs DPI to contract with the public library in the city of
Milwaukee to provide library services to physically handicapped persons and to
contract for services with libraries to serve as resources of specialized library
materials and information not available in DPI's reference and loan library. The cost
of these contracts is paid with general purpose revenue. Under this bill, the cost of
these contacts is paid from the universal service fund.
This bill directs DPI to award grants to school districts or cooperative
educational service agencies, acting in conjunction with tribal education authorities,
to support innovative, effective instruction in one or more American Indian
languages. The grants are funded with Indian gaming receipts.
Under current law, DPI may award grants to nonprofit organizations to support
adult literacy programs. No grant may exceed $10,000. This bill eliminates the
$10,000 limit.
This bill extends DPI's authority to award annual grants to Project Lead the
Way through the 2010-11 fiscal year in order to provide discounted professional
development services and software to participating high schools.
Higher education
This bill allows the Board of Regents of the UW System to award grants to
undergraduate resident students who do not receive a Wisconsin higher education
grant awarded by the Higher Educational Aids Board (HEAB). The amount of a
grant must correspond to increases, or portions of increases, in tuition charged the
student.
The bill requires the Board of Regents to allocate $8,198,200 to support
interdisciplinary research into biotechnology, nanotechnology, and information
technologies that enhance human health and welfare.
The bill requires the Board of Regents to allocate $2,000,000 in the 2009-10
fiscal year to support the establishment of the Wisconsin Genomics Initiative.
Under current law, the Board of Regents may not create a new school that has
graduate, professional, or post-baccalaureate academic programs. This bill allows
the Board of Regents to create the following schools at UW-Milwaukee: 1) a school
of public health; and 2) a school of freshwater sciences.
Under current law, the Medical College of Wisconsin and the University of
Wisconsin-Madison School of Medicine and Public Health must submit biennial
reports to the governor and JCF on specified topics, including the following: 1)
Wisconsin resident enrollment numbers and percentages; 2) placement of graduates
of doctor of medicine and residency training programs; and 3) financial summaries
for the college and school. This bill eliminates the requirement for reports on the
foregoing topics.
Under current law, the Board of Regents is allowed to create or abolish full-time
equivalent (FTE) positions that are funded from a number of specified
appropriations, including one appropriation that is funded with segregated fund
revenues. This bill allows the Board of Regents to create or abolish FTE positions
that are funded from any appropriation to the board that is funded with segregated
fund revenues. The bill also makes an appropriation from the recycling and
renewable energy fund to the board to support research under the Wisconsin
Bioenergy Initiative.
Generally, current law allows a UW System student who has been a bona fide
Wisconsin resident for the 12 months preceding the beginning of a semester or
session for which the student registers to pay resident, as opposed to nonresident,
tuition.
This bill allows an alien who is not a legal permanent resident of the United
States to pay resident, as opposed to nonresident, tuition if he or she: 1) graduated
from a Wisconsin high school or received a declaration of equivalency of high school
graduation from Wisconsin; 2) was continuously present in Wisconsin for at least
three years following the first day of attending a Wisconsin high school or
immediately preceding receipt of a declaration of equivalency of high school
graduation; and 3) enrolls in a UW System institution and provides the institution
with an affidavit stating that he or she has filed or will file an application for
permanent residency with U.S. Citizenship and Immigration Services as soon as the
person is eligible to do so. The bill also provides that such persons are to be
considered residents of this state for purposes of admission to and payment of fees
at a technical college.
In general, current law provides that if a technical college district board wishes
to make a capital expenditure exceeding $1,000,000 or to borrow more than
$1,000,000, it must adopt a resolution to do so and submit the resolution to the
electors of the district for approval. This bill raises the amount from $1,000,000 to
$1,500,000.
Current law requires the Wisconsin Technical College System Board (WTCS
Board) to establish tuition for resident and nonresident students. For a resident
student, the WTCS Board must comply with requirements that depend on whether
the student is enrolled in a liberal arts collegiate transfer program or in a
postsecondary or vocational-adult program. For a nonresident student, the WTCS
Board must establish tuition based on 100 percent of the statewide cost per full-time
equivalent student for operating the program in which the student is enrolled.
This bill requires the WTCS Board to establish tuition for nonresident students
based on 150 percent of the program fees that the WTCS Board is required to
establish for resident students.
Current law allows the WTCS Board to award grants to technical college
district boards (district boards) for skills training related to the needs of business.
Current law prohibits the WTCS Board from awarding a grant unless the business
is located in this state, has no more than 100 employees, and has no more than
$10,000,000 in gross annual income. Also, current law prohibits using a grant to pay
more than 80 percent of the cost of training the spouse or child of the business owner,
or to pay wages or compensate for lost revenue in connection with providing the
training. In addition, current law prohibits the WTCS Board from awarding more
than $1,000,000 in grants in a fiscal year.
This bill eliminates all of the prohibitions described above. In addition, the bill
eliminates the requirement that district boards submit reports to the WTCS Board
on how grants are used.
Currently, under certain circumstances, the UW System and each technical
college must provide full remission of fees for 128 credits or eight semesters,
whichever is longer, to an eligible veteran or to the spouse, unremarried surviving
spouse, or child of an eligible veteran (dependent). An eligible veteran is one who
died on active duty, died as the result of a service-connected disability, died in the
line of duty while on duty for training purposes, or has been awarded at least a 30
percent service-connected disability rating.
This bill requires a veteran or dependent to apply to the payment of those fees
all educational assistance to which that person is entitled under the federal
Post-9/11 Veterans Educational Assistance Act of 2008, commonly referred to as the
"New GI Bill." This requirement applies notwithstanding that the veteran or
dependent may be entitled to educational assistance under the federal Montgomery
GI Bill Act of 1984 or the federal Survivors' and Dependents' Educational Assistance
Program (collectively referred to as the "Old GI Bill") as well as under the New GI
Bill. For a veteran or dependent who is entitled to educational assistance under both
the Old GI Bill and the New GI Bill, if the amount of educational assistance, other
than educational assistance for tuition, to which the veteran or dependent is entitled
under the Old GI Bill is greater than the amount of educational assistance, other
than educational assistance for tuition, to which the veteran or dependent is entitled
under the New GI Bill, HEAB must reimburse the veteran or dependent for the
difference in those amounts of educational assistance.
Under current law, beginning in the 2011-12 academic year, HEAB must award
Wisconsin covenant scholar grants to undergraduates enrolled at least half time at
nonprofit public or private institutions of higher education or at 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. The bill also requires DOA,
rather than HEAB, to promulgate rules to implement the grant program and
requires those rules to include eligibility criteria for designation as a Wisconsin
covenant scholar.
Under current law, HEAB awards Wisconsin higher education grants (WHEG
grants) to undergraduates enrolled at least half time at nonprofit public institutions
of higher education or tribally controlled colleges in this state. Currently, a WHEG
grant may not exceed $3,000 for an academic year. This bill permits HEAB to
establish the maximum amount of a WHEG grant, but prohibits HEAB from
increasing that maximum amount unless HEAB determines that as many students
will be awarded WHEG grants in the current academic year as in the previous
academic year. The bill also funds those grants in fiscal year 2009-10 in part from
moneys received by the UW System for auxiliary enterprises, such as dining halls
and parking facilities.
Current law requires HEAB to establish plans to be administered by HEAB for
participation by this state under any federal acts relating to higher education. This
bill requires HEAB to obtain the approval of DOA before HEAB may expend any
discretionary federal economic stimulus funds for any higher education capital or
modernization project.
Under current law, DOA administers an Educational Telecommunications
Access Program under which DOA provides Internet access to educational agencies.
Currently, an educational agency that is provided Internet access under the program
may not provide that access to any for-profit business entity. This bill permits an
educational agency to provide such Internet access to a for-profit business entity
that is broadcasting an event sponsored by the educational agency if the business
entity reimburses DOA for its proportionate share of the cost of the data line used
to broadcast the event.
Eminent Domain
Currently, whenever an entity with the power of condemnation seeks to acquire
property by condemnation, it must provide the property owner with an appraisal of
the property and pay for the owner to acquire his or her own appraisal. This bill
provides that, if the property is being acquired for sewers or transportation facilities,
the owner may use an appraisal prepared by the owner or condemnor during the
period preceding negotiations in any subsequent appeal only if the appraisal was
provided to the other party during that period.
Currently, if a property owner agrees voluntarily to convey the property to the
condemnor at an agreed-upon price, the owner has the right, within six months, to
appeal the issue of the amount of compensation paid by the condemnor. This bill
eliminates this right for owners whose property is being acquired for sewers or
transportation facilities. The bill does not eliminate the owner's right to appeal the
amount of compensation within two years if his or her property is condemned.
Currently, a property owner who on appeal is awarded more in compensation
than was offered by the condemnor is entitled to litigation expenses, including
reasonable attorney fees, if the award exceeds the offer by at least $700 and at least
15 percent. This bill provides that, in such a case, the amount of attorney fees
included in litigation expenses may not exceed one-third of the difference between
the offer and the award, except that if one-third of that difference is less than $5,000,
the amount of attorney fees included in litigation expenses may not exceed $5,000.
Currently, a person displaced by the acquisition of property by an entity that
is vested with the power of condemnation is entitled to certain benefits from the
condemnor, including relocation assistance, assistance in the acquisition of
replacement housing, and moving expenses. The person must file a claim for such
benefits within two years of being displaced. If the claim is not allowed within 90
days, the claimant may file an appeal in circuit court. Currently, there is no deadline
for filing an appeal. This bill provides that the claimant must file the appeal within
two years.
Under current law, Commerce may make investigations to determine whether
a condemnor is complying with the laws relating to relocation benefits and may seek
an order from a circuit court requiring compliance with those laws or discontinuance
of work on that part of the project that is not in compliance. This bill eliminates this
authority.
Currently, a person displaced by the acquisition of property by a condemnor
may petition Commerce for review of his or her complaint. Commerce may attempt
to negotiate an acceptable solution with the condemnor. This bill eliminates these
provisions.
Current law directs the attorney general, at the request of Commerce, to
prosecute all necessary actions or proceedings for the enforcement of the laws
relating to relocation benefits. This bill eliminates this directive.
Employment
Under current law, in local government employment other than law
enforcement and fire fighting employment, if a dispute relating to the terms of a
proposed collective bargaining agreement has not been settled after a reasonable
period of negotiation and after mediation by the Wisconsin Employment Relations
Commission (WERC), either party, or the parties jointly, may petition WERC to
initiate compulsory, final, and binding arbitration with respect to any dispute
relating to wages, hours, and conditions of employment. An arbitrator must adopt
the final offer of one of the parties on all disputed issues, which is then incorporated
into the collective bargaining agreement.
This process does not apply, however, to a dispute over economic issues
involving a collective bargaining unit consisting of school district professional
employees if WERC determines, subsequent to an investigation, that the employer
has submitted a qualified economic offer (QEO). A QEO consists of a proposal to
maintain the percentage contribution by the employer to the employees' existing
fringe benefit costs and the employees' existing fringe benefits and to provide for an
annual average salary increase having a cost to the employer at least equal to 2.1
percent of the existing total compensation and fringe benefit costs for the employees
in the collective bargaining unit plus any fringe benefit savings. Fringe benefit
savings is that amount, if any, by which 1.7 percent of the total compensation and
fringe benefit costs for all municipal employees in a collective bargaining unit for any
12-month period covered by a proposed collective bargaining agreement exceeds the
increased cost required to maintain the percentage contribution by the municipal
employer to the municipal employees' existing fringe benefit costs and to maintain
all fringe benefits provided to the municipal employees. This bill eliminates the QEO
exception from the compulsory, final, and binding arbitration process.
Under current law, school district professional employees must be placed in a
collective bargaining unit that is separate from the units of other school district
employees. This bill eliminates this requirement.
Current law also provides that, in reaching a decision, the arbitrator must give
weight to many factors, including the authority of the municipal employer; the
interests and welfare of the public and the ability of the unit of government to meet
the costs of the proposed agreement; comparison of wages, hours, and conditions of
employment with those of other employees; the cost of living; and other similar
factors. But, under current law, the arbitrator must give greater weight to economic
conditions in the jurisdiction of the employer and the greatest weight to any state law
or directive that places expenditure or revenue limitations on an employer. This bill
eliminates the requirement for the arbitrator to give any weight to economic
conditions in the jurisdiction of the employer or to any state law or directive that
places expenditure or revenue limitations on an employer if the decision involves a
collective bargaining unit comprised of school district employees.
Finally, the bill eliminates a 3.8 percent cap imposed on salary and fringe
benefit annual cost increases for all nonrepresented professional school district
employees.
Under current law, faculty and academic staff of the UW System do not have
collective bargaining rights under the State Employment Labor Relations Act
(SELRA). This bill provides all UW System academic staff and all faculty, including
specifically faculty who are supervisors or managers, with the right to collectively
bargain over wages, hours, and conditions of employment. Collective bargaining
units for faculty are structured with one unit for UW-Madison, one unit for
UW-Milwaukee, and one unit for all of the other UW System campuses. Collective
bargaining units for academic staff are structured similarly, with one unit for
UW-Madison, one for UW-Milwaukee, and one for all of the other UW System
campuses. The bill also provides that, if the employees approve, two or more units
for faculty may be combined into a single unit and two or more units for academic
staff may be combined into a single unit. Representatives for each unit are chosen
by election.
Unfair labor practices for UW System academic staff and faculty collective
bargaining are generally the same as those under SELRA, except that the bill
specifically provides that it is not an unfair labor practice for the Board of Regents
of the UW System to implement changes in salaries or conditions of employment for
members of the faculty or academic staff at one UW institution and not for such
persons at other UW institutions if certain conditions are met. The bill specifically
authorizes fair-share and maintenance of membership agreements for UW
academic staff and faculty collective bargaining, as is the case under SELRA. The
bill also prohibits strikes.
Under the bill, the subjects of collective bargaining are the same as under
SELRA, except that collective bargaining is prohibited on the mission and goals of
the Board of Regents; the diminution of the right of tenure provided faculty; the
rights granted faculty and academic staff under current law; and academic freedom.
Finally, under the bill, collective bargaining agreements covering UW faculty and
academic staff must be approved by the Joint Committee on Employment Relations
and adopted by the legislature.
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 and may not be required or permitted
to work more than ten hours per day or 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 those
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 employed
on 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 that receives any grant, cooperative agreement,
loan, contract, or any other financial assistance from a local governmental unit.
The bill also 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.
Under current law, DWD must, on request, 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, DWD must charge
the requester for the cost of the inspection. This bill requires DWD to charge a
requester for the cost of such inspection only if the request was made in bad faith,
solely for the purpose of harassing or maliciously injuring the contractor,
subcontractor, or agent; or if the requester knew, or should have known, that there
was no reasonable basis for believing that a violation of the prevailing wage law had
been committed.
Under current law, when DWD receives a complaint alleging discrimination in
employment, housing, or the equal enjoyment of a public place of accommodation; a
complaint alleging a violation of the family and medical leave law; a complaint
alleging retaliation for disclosing information demonstrating mismanagement or
abuse of authority in state or local government (commonly referred to as "the
whistleblower law"); or a complaint alleging discrimination for exercising any right
relating to public employee occupational safety and health, DWD must investigate
the complaint to determine whether there is probable cause to believe that a violation
occurred. Under current DWD rules, if DWD finds no probable cause, the
complainant may request a hearing on the issue of probable cause before a hearing
examiner.
This bill eliminates the right to a hearing on the issue of probable cause and
instead provides that the finding of no probable cause may be appealed to the circuit
court.
Under current worker's compensation law, when death results from an injury
sustained by an employee while performing services growing out of and incidental
to employment, the employee's dependents, including a spouse who is living with the
employee at the time of death, are entitled to a death benefit. This bill extends death
benefits under the worker's compensation law to a domestic partner of a deceased
employee who is living with the deceased employee at the time of death.
Under current law, an employee of an employer employing 50 or more
individuals on a permanent basis may take up to six weeks of family leave in a
12-month period to care for a child, spouse, or parent of the employee, or the parent
of the spouse of the employee, who has a serious health condition. This bill permits
such an employee to take family leave to care for a domestic partner, or the parent
of a domestic partner, who has a serious health condition.
Under current law, if an employee to whom wages are due dies, the employer
must, upon demand, pay the wages to the spouse, children, or other dependent living
with the employee at the time of death. This bill requires an employer of a deceased
employee to whom wages are due to pay the wages to the domestic partner of the
deceased employee.
Under current law, DOJ must defend claims against the work injury
supplemental benefit (WISB) fund, which is used to pay supplemental worker's
compensation to employees with permanent total disability, additional death
benefits to the children of a deceased employee, additional worker's compensation
to an employee with permanent partial disability who incurs further permanent
disability, and worker's compensation when there is no adequate remedy for an
otherwise meritorious claim. DOJ must also prosecute claims for payment into the
WISB fund against an employer when an injury results in death or in the loss or total
impairment of a limb or eye or when a minor is injured while working without a work
permit or in prohibited employment. This bill permits DWD to retain DOA or an
insurance service organization, in addition to DOJ, to prosecute or defend claims for
payment into or out of the WISB fund, except that DOJ must continue to appear on
behalf of the state in administrative hearings or court proceedings on such claims.
Currently, DWD operates an employment service, funded with federal revenue,
that assists unemployed individuals in finding suitable employment. This bill
permits the employment service program to be funded, in addition, from special
federal grants that would otherwise be available to finance unemployment
insurance (UI) benefits. The change potentially increases the liability of employers
to finance UI benefits through contributions (taxes).
Environment
Water use
Under current law, DNR conducts activities related to the withdrawal and use
of water in this state, including activities to implement the Great Lakes Water
Resources Compact.
Beginning in 2011, this bill establishes three fees that DNR may use for
activities related to water use, including activities to implement the compact. The
first is an annual fee of $125, subject to modification by DNR by rule, to be paid by
a person with a water supply system with the capacity to withdraw 100,000 gallons
or more per day. The second fee is imposed on a person who withdraws more than
50,000,000 gallons of water from the Great Lakes basin in a year. DNR specifies the
amount of this fee by rule. The third is a $5,000 fee that must be paid by a person
applying for approval to divert water out of the Great Lakes basin.
Water quality
Under the Clean Water Fund Program, the state makes loans at subsidized
interest rates for projects that control water pollution. This bill changes the interest
rate for projects that are necessary to prevent a municipality from exceeding a
pollution limit in its wastewater discharge permit from 55 percent of the market
interest rate to 70 percent of the market interest rate.
This bill sets the present value of the Clean Water Fund Program subsidies that
may be provided during the 2009-11 fiscal biennium at $114,800,000. The bill also
increases the revenue bonding authority for the Clean Water Fund Program by
$418,800,000. In addition, the bill increases the general obligation bonding
authority for the Clean Water Fund Program by $76,500,000, except that this
increase does not take effect in fiscal years 2009-10 and 2010-11 unless DOA first
takes into account certain funds received from the federal government.
Under the Safe Drinking Water Loan Program, this state makes loans at a
subsidized rate to local governmental units for projects to construct or modify public
water systems. This bill sets the present value of the Safe Drinking Water Loan
Program subsidies that may be provided during the 2009-11 fiscal biennium at
$17,600,000. The bill also increases the general obligation bonding authority for the
Safe Drinking Water Loan Program by $9,400,000.
Under current law, DNR provides financial assistance for projects that reduce
water pollution from nonpoint (diffuse) sources. Local governmental units annually
apply for cost-sharing grants from DNR for new nonpoint source projects. A project
qualifies for funding only if it is in an area that is targeted due to water quality
problems. DNR annually ranks all of the eligible applications based on specified
criteria and then selects projects to receive cost-sharing grants. This process is
referred to as the targeted runoff management grant process. This bill increases the
authorized general obligation bonding authority for targeted runoff management
grants by $7,000,000.
Current law also authorizes DNR to award a cost-sharing grant, outside of the
targeted runoff management grant process, to a local governmental unit for animal
waste management at a livestock operation for which DNR has issued a notice of
discharge if DNR determines that awarding a grant outside of that process is
necessary to protect fish and aquatic life. This bill broadens that authority by also
covering livestock operations for which DNR has issued a notice of intent to issue a
notice of discharge and allowing DNR to award a grant to a local governmental unit
if DNR determines that it is necessary to protect the waters of the state. The bill also
authorizes DNR to award a cost-sharing grant directly to the owner or operator of
a livestock operation under the same circumstances.
Under current law, DNR provides financial assistance for the management of
urban storm water runoff and for flood control and riparian restoration projects.
This bill increases the general obligation bonding authority for these purposes by
$6,000,000.
