AB40: Bill Text

AB40,942,3 101.143 (4) (a) 6. In any fiscal year, the department may not award more than 5% of the amount appropriated under s. 20.143 (3) 20.165 (2) (v) as awards for petroleum product storage systems described in par. (ei).

AB40, s. 2367 Section 2367. 101.143 (4) (a) 7. of the statutes is amended to read:

AB40,942,8 101.143 (4) (a) 7. In any fiscal year, the department may not award more than 5% of the amount appropriated under s. 20.143 (3) 20.165 (2) (v) as awards for petroleum product storage systems that are owned by school districts and that are used for storing heating oil for consumptive use on the premises where stored.

AB40, s. 2368 Section 2368. 101.143 (4) (cc) 2. b. of the statutes is amended to read:

AB40,942,13 101.143 (4) (cc) 2. b. An applicant that is engaged in the expansion or redevelopment of brownfields, as defined in s. 560.13 238.13 (1) (a), if federal or state financial assistance other than under this section, has been provided for that expansion or redevelopment.

AB40, s. 2369 Section 2369. 101.143 (4) (ei) 2m. of the statutes is amended to read:

AB40,942,19 101.143 (4) (ei) 2m. The owner or operator of the farm tank has received a letter or notice from the department of commerce safety and professional services or department of natural resources indicating that the owner or operator must conduct a site investigation or remedial action because of a discharge from the farm tank or an order to conduct such an investigation or remedial action.

AB40, s. 2370 Section 2370. 101.143 (4) (es) 1. of the statutes is amended to read:

AB40,943,2 101.143 (4) (es) 1. The department shall issue an award for a claim filed after August 9, 1989, for eligible costs, under par. (b), incurred on or after August 1, 1987, by an owner or operator or a person owning a home oil tank system in investigating the existence of a discharge or investigating the presence of petroleum products in soil or groundwater if the investigation is undertaken at the written direction of the department of commerce safety and professional services or the department of natural resources and no discharge or contamination is found.

AB40, s. 2371 Section 2371. 101.144 (3) (b) of the statutes is amended to read:

AB40,943,5 101.144 (3) (b) The department of commerce safety and professional services requests the department of natural resources to take the action or issue the order.

AB40, s. 2372 Section 2372. 101.144 (3) (c) of the statutes is amended to read:

AB40,943,8 101.144 (3) (c) The secretary of natural resources approves the action or order in advance after notice to the secretary of commerce safety and professional services.

AB40, s. 2373 Section 2373. 101.144 (3g) (a) of the statutes is amended to read:

AB40,944,3 101.144 (3g) (a) If, on December 1, 1999, more than 35% of sites classified under this section, excluding sites that are contaminated by a hazardous substance other than a petroleum product or an additive to a petroleum product, are classified as high-risk sites, the department of commerce safety and professional services and the department of natural resources shall attempt to reach an agreement that specifies standards for determining whether the site of a discharge of a petroleum product from a petroleum storage tank is classified as high risk. The standards shall be designed to classify no more than 35% of those sites as high-risk sites and may not classify all sites at which an enforcement standard is exceeded as high-risk sites. If the department of commerce safety and professional services and the department of natural resources are unable to reach an agreement, they shall refer the matters on which they are unable to agree to the secretary of administration for resolution. The secretary of administration shall resolve any matters on which the departments disagree in a manner that is consistent with this paragraph. The department of commerce safety and professional services shall promulgate rules incorporating any agreement between the department of commerce safety and professional services and the department of natural resources under this paragraph and any resolution of disagreements between the departments by the secretary of administration under this paragraph.

AB40, s. 2374 Section 2374. 101.144 (3g) (b) of the statutes is amended to read:

AB40,944,10 101.144 (3g) (b) If, 6 months after rules under par. (a) are in effect, more than 35% of the sites classified under this section, excluding sites that are contaminated by a hazardous substance other than a petroleum product or an additive to a petroleum product, are classified as high-risk sites, the department of commerce safety and professional services shall revise the rules using the procedure for promulgating the rules in par. (a).

AB40, s. 2375 Section 2375. 101.144 (3m) (a) (intro.) of the statutes is amended to read:

AB40,944,14 101.144 (3m) (a) (intro.) The department of commerce safety and professional services and the department of natural resources shall enter into a memorandum of understanding that does all of the following:

AB40, s. 2376 Section 2376. 101.144 (3m) (b) of the statutes is amended to read:

AB40,944,20 101.144 (3m) (b) The department of commerce safety and professional services and the department of natural resources shall submit a memorandum of understanding under this subsection to the secretary of administration for review. A memorandum of understanding under this subsection does not take effect until it is approved by the secretary of administration.

AB40, s. 2377 Section 2377. 101.149 (6) (b) of the statutes is amended to read:

AB40,945,7 101.149 (6) (b) The department shall promulgate rules, in consultation with the department of health services, under which the department of commerce safety and professional services shall authorize certified heating, ventilating, and air conditioning inspectors to conduct regular inspections of sealed combustion units, as required under par. (5) (c), for carbon monoxide emissions in residential buildings other than hotels, tourist rooming houses, and bed and breakfast establishments. The rules shall specify conditions under which it may issue orders as specified under sub. (8) (a). The rules may not require the department of commerce safety and professional services to authorize inspection of sealed combustion units during the period in which the sealed combustion units are covered by a manufacturer's warranty against defects.

AB40, s. 2378 Section 2378. 101.149 (8) (a) of the statutes is amended to read:

AB40,945,17 101.149 (8) (a) If the department of commerce safety and professional services or the department of health services determines after an inspection of a building under this section or s. 254.74 (1g) that the owner of the building has violated sub. (2) or (3), the respective department shall issue an order requiring the person to correct the violation within 5 days or within such shorter period as the respective department determines is necessary to protect public health and safety. If the person does not correct the violation within the time required, he or she shall forfeit $50 for each day of violation occurring after the date on which the respective department finds that the violation was not corrected.

AB40, s. 2379 Section 2379. 101.563 (2) (b) 1. of the statutes is amended to read:

AB40,946,10 101.563 (2) (b) 1. `Payments from calendar year 2001 dues.' Notwithstanding s. 101.573 (3) (a), by the 30th day following July 30, 2002, the department shall compile the fire department dues paid by all insurers under s. 601.93 and the dues paid by the state fire fund under s. 101.573 (1) and funds remaining under s. 101.573 (3) (b), subtract the total amount due to be paid under par. (a), withhold 0.5%, and certify to the secretary of administration the proper amount to be paid from the appropriation under s. 20.143 (3) 20.165 (2) (L) to each city, village, and town entitled to a proportionate share of fire department dues as provided under sub. (1) (b) and s. 101.575. If the department has previously certified an amount to the secretary of administration under s. 101.573 (3) (a) during calendar year 2002, the department shall recertify the amount in the manner provided under this subdivision. On or before August 1, 2002, the secretary of administration shall pay the amounts certified or recertified by the department under this subdivision to each city, village, and town entitled to a proportionate share of fire department dues as provided under sub. (1) and s. 101.575. The secretary of administration may combine any payment due under this subdivision with any amount due to be paid on or before August 1, 2002, to the same city, village, or town under par. (a).

AB40, s. 2380 Section 2380. 101.563 (2) (b) 2. of the statutes is amended to read:

AB40,946,23 101.563 (2) (b) 2. `Payments from dues for calendar years 2002 to 2004.' Notwithstanding s. 101.573 (3) (a) and except as otherwise provided in this subdivision, on or before May 1 in each year, the department shall compile the fire department dues paid by all insurers under s. 601.93 and the dues paid by the state fire fund under s. 101.573 (1) and funds remaining under s. 101.573 (3) (b), withhold 0.5% and certify to the secretary of administration the proper amount to be paid from the appropriation under s. 20.143 (3) 20.165 (2) (L) to each city, village, and town entitled to a proportionate share of fire department dues as provided under sub. (1) (b) and s. 101.575. Annually, on or before August 1, the secretary of administration shall pay the amounts certified by the department to each such city, village, and town. This paragraph applies only to payment of a proportionate share of fire department dues collected for calendar years 2002 to 2004.

AB40, s. 2381 Section 2381. 101.573 (3) (a) of the statutes is amended to read:

AB40,947,8 101.573 (3) (a) On or before May 1 in each year, the department shall compile the fire department dues paid by all insurers under s. 601.93 and the dues paid by the state fire fund under sub. (1) and funds remaining under par. (b), withhold .5% and certify to the secretary of administration the proper amount to be paid from the appropriation under s. 20.143 (3) 20.165 (2) (L) to each city, village, or town entitled to fire department dues under s. 101.575. Annually, on or before August 1, the secretary of administration shall pay the amounts certified by the department to the cities, villages and towns eligible under s. 101.575.

AB40, s. 2382 Section 2382. 101.573 (5) of the statutes is amended to read:

AB40,947,11 101.573 (5) The department shall promulgate a rule defining "administrative expenses" for purposes of s. 20.143 (3) 20.165 (2) (La).

AB40, s. 2383 Section 2383. 101.657 (5) of the statutes is amended to read:

AB40,947,16 101.657 (5) From the appropriation under s. 20.143 (3) 20.165 (2) (j), beginning with fiscal year 2005-06, the department shall allocate $100,000 annually for the contract required under sub. (2) and at least $600,000 annually for the contract required under sub. (3).

AB40, s. 2384 Section 2384. 101.935 (2) (e) of the statutes is amended to read:

AB40,947,21 101.935 (2) (e) Section 254.69 (2), as it applies to an agent for the department of health services in the administration of s. 254.47, applies to an agent for the department of commerce safety and professional services in the administration of this section.

AB40, s. 2385 Section 2385. 101.951 (7) (a) of the statutes is amended to read:

AB40,948,5 101.951 (7) (a) The department of commerce safety and professional services may, without notice, deny the application for a license within 60 days after receipt thereof by written notice to the applicant, stating the grounds for the denial. Within 30 days after such notice, the applicant may petition the department of administration to conduct a hearing to review the denial, and a hearing shall be scheduled with reasonable promptness. The division of hearings and appeals shall conduct the hearing. This paragraph does not apply to denials of applications for licenses under s. 101.02 (21).

AB40, s. 2386 Section 2386. 101.951 (7) (b) of the statutes is amended to read:

AB40,948,19 101.951 (7) (b) No license may be suspended or revoked except after a hearing thereon. The department of commerce safety and professional services shall give the licensee at least 5 days' notice of the time and place of the hearing. The order suspending or revoking such license shall not be effective until after 10 days' written notice thereof to the licensee, after such hearing has been had; except that the department of commerce safety and professional services, when in its opinion the best interest of the public or the trade demands it, may suspend a license upon not less than 24 hours' notice of hearing and with not less than 24 hours' notice of the suspension of the license. Matters involving suspensions and revocations brought before the department of commerce safety and professional services shall be heard and decided upon by the department of administration. The division of hearings and appeals shall conduct the hearing. This paragraph does not apply to licenses that are suspended or revoked under s. 101.02 (21).

AB40, s. 2387 Section 2387. 101.951 (7) (c) of the statutes is amended to read:

AB40,949,2 101.951 (7) (c) The department of commerce safety and professional services may inspect the pertinent books, records, letters and contracts of a licensee. The actual cost of each such examination shall be paid by such licensee so examined within 30 days after demand therefor by the department, and the department may maintain an action for the recovery of such costs in any court of competent jurisdiction.

AB40, s. 2388 Section 2388. 101.953 (1) (a) of the statutes is amended to read:

AB40,949,7 101.953 (1) (a) A statement that the manufactured home meets those standards prescribed by law or administrative rule of the department of administration or of the department of commerce safety and professional services that are in effect at the time of the manufacture of the manufactured home.

AB40, s. 2389 Section 2389. 101.973 (8) of the statutes is amended to read:

AB40,949,10 101.973 (8) Deposit the moneys received from the fees under sub. (7) in the appropriation under s. 20.143 (3) 20.165 (2) (j).

AB40, s. 2390 Section 2390. 102.29 (8r) of the statutes is amended to read:

AB40,949,22 102.29 (8r) No participant in a food stamp supplemental nutrition assistance employment and training program under s. 49.79 (9) 49.37 (9) who, under s. 49.79 (9) (a) 5. 49.37 (9) (a) 5., is provided worker's compensation coverage by the department of health services children and families or by a Wisconsin Works agency, as defined in s. 49.001 (9), or other provider under contract with the department of health services children and families or a county department under s. 46.215, 46.22, or 46.23 or tribal governing body to administer the food stamp supplemental nutrition assistance 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.

AB40, s. 2391 Section 2391. 106.14 (2) of the statutes is amended to read:

AB40,950,2 106.14 (2) The department shall publicize and maintain on its job center Web site information related to the job programs under ss. program under s. 49.147 (3) and 49.162 so that employers and individuals seeking employment may obtain information about the programs program, including how to participate in them it.

AB40, s. 2392 Section 2392. 106.15 (3) (intro.) of the statutes is amended to read:

AB40,950,7 106.15 (3) Grants. (intro.) From the appropriations appropriation under s. 20.445 (1) (bc), (jm), and (m), the department shall make grants to persons providing employment and training activities to dislocated workers including all of the following:

AB40, s. 2393 Section 2393. 106.16 (3) of the statutes is amended to read:

AB40,950,11 106.16 (3) A state agency or an authority under ch. 231 or 234 shall notify the department of commerce Wisconsin Economic Development Corporation if it makes a loan or grant to a company.

AB40, s. 2394 Section 2394. 106.20 (1) (e) of the statutes is amended to read:

AB40,950,14 106.20 (1) (e) "Minority business" has the meaning given in s. 560.036 490.04 (1) (e).

AB40, s. 2395 Section 2395. 106.30 (2) of the statutes is amended to read:

AB40,950,22 106.30 (2) Survey form. Each odd-numbered year, the department of workforce development shall develop and submit to the department of regulation and licensing safety and professional services a survey form to gather data under s. 441.01 (7) (a) 1. to assist the department of workforce development in evaluating the supply of, demand for, and turnover among nurses in this state and in determining whether there are any regional shortages of nurses, shortages of nurses in any speciality areas, or impediments to entering the nursing profession in this state.

AB40, s. 2396 Section 2396. 106.30 (5) (a) of the statutes is amended to read:

AB40,951,8 106.30 (5) (a) From the appropriation account under s. 20.445 (1) (km), the department of workforce development shall award grants equal to the amount appropriated under s. 20.445 (1) (km) minus the amount expended under sub. (4) to a nonprofit statewide nursing center that is comprised of and led by nurses and that has demonstrated coordination with constituent groups within the nursing community, including professional nursing organizations; organizations representing nurse educators, staff nurses, and nurse managers or executives; labor organizations representing nurses; the department of regulation and licensing safety and professional services; the department of health services; and legislators who are concerned with issues affecting the nursing profession.

AB40, s. 2397 Section 2397. 106.30 (5) (b) of the statutes is amended to read:

AB40,951,24 106.30 (5) (b) A statewide nursing center that receives a grant under par. (a) shall use the grant moneys to develop strategies to ensure that there is a nursing workforce that is adequate to meet the current and future health care needs of this state. The statewide nursing center may use those moneys to fund activities that are aimed at ensuring such a nursing workforce, including monitoring trends in the applicant pool for nursing education programs; evaluating the effectiveness of nursing education programs in increasing access to those programs and in enhancing career mobility for nurses, especially for populations that are underrepresented in the nursing profession; and facilitating partnerships between the nursing community and other health care providers, the department of regulation and licensing safety and professional services, the business community, the legislature, and educators to promote diversity within the nursing profession, enhance career mobility and leadership development for nurses, and achieve consensus regarding policies aimed at ensuring an adequate nursing workforce in this state.

AB40, s. 2398 Section 2398. 106.50 (6) (a) 3. of the statutes is amended to read:

AB40,952,5 106.50 (6) (a) 3. The complaint may be filed by an aggrieved person, by an interested person, by the department of workforce development under par. (b) or, if the complaint charges a violation of sub. (2r) (c), by the department of commerce safety and professional services. The department of workforce development shall, upon request, provide appropriate assistance in completing and filing complaints.

AB40, s. 2399 Section 2399. 106.50 (6) (b) of the statutes is amended to read:

AB40,952,19 106.50 (6) (b) Powers and duties of department. The department of workforce development and its duly authorized agents may hold hearings, subpoena witnesses, take testimony and make investigations as provided in this subsection. The department of workforce development may test and investigate for the purpose of establishing violations of sub. (2), (2m) or (2r) and may make, sign and file complaints alleging violations of sub. (2), (2m) or (2r). In addition, the department of commerce safety and professional services may make, sign and file complaints alleging violations of sub. (2r) (c). The department of workforce development shall employ examiners to hear and decide complaints of discrimination under this section, and to assist in the administration of this section. The examiners may make findings and issue orders under this subsection. The department of workforce development shall develop and implement an investigation manual for use in conducting investigations under par. (c).

AB40, s. 2400 Section 2400. 107.30 (4) of the statutes is amended to read:

AB40,952,22 107.30 (4) "Department" means the department of commerce safety and professional services.

AB40, s. 2401 Section 2401. 107.30 (10) of the statutes is amended to read:

AB40,952,25 107.30 (10) "Mining damage appropriation" means the appropriation under s. 20.143 (3) 20.165 (2) (a).

AB40, s. 2402 Section 2402. 107.31 (5) (a) (intro.) of the statutes is amended to read:

AB40,953,5 107.31 (5) (a) Calculation. (intro.) The mining damage reserve accumulation is calculated by subtracting the total amount of all mining damages awards paid from the appropriation under s. 20.445 (4) (a), 2001 stats., beginning on May 22, 1980 or paid from the appropriation under s. 20.143 (3) 20.165 (2) (a) from the sum of:

AB40, s. 2403 Section 2403. 108.02 (21e) (intro.) of the statutes is amended to read:

AB40,953,14 108.02 (21e) Professional employer organization. (intro.) "Professional employer organization" means any person who is currently registered as a professional employer organization with the department of regulation and licensing safety and professional services in accordance with ch. 461, who contracts to provide the nontemporary, ongoing employee workforce of more than one client under a written leasing contract, the majority of whose clients are not under the same ownership, management, or control as the person other than through the terms of the contract, and who under contract and in fact:

AB40, s. 2404 Section 2404. 109.07 (1m) (b) of the statutes is amended to read:

AB40,953,21 109.07 (1m) (b) The department shall promptly provide a copy of the notice required under par. (a) to the department of commerce and to the office of the commissioner of insurance and shall cooperate with the department of commerce in the performance of its responsibilities under s. 560.15 and with the office of the commissioner of insurance in the performance of its responsibilities under s. 601.41 (7).

AB40, s. 2405 Section 2405. 111.70 (1) (a) of the statutes is amended to read:

AB40,954,22 111.70 (1) (a) "Collective bargaining" means the performance of the mutual obligation of a municipal employer, through its officers and agents, and the representative of its municipal employees in a collective bargaining unit, to meet and confer at reasonable times, in good faith, with the intention of reaching an agreement, or to resolve questions arising under such an agreement, with respect to wages, hours, and conditions of employment, and with respect to a requirement of the municipal employer for a municipal employee to perform law enforcement and fire fighting services under s. 60.553, 61.66, or 62.13 (2e) and for a school district with respect to any matter under sub. (4) (n) and (o), and for a school district with respect to any matter under sub. (4) (n), except as provided in subs. (3m), (3p), and (4) (m) and (mc) and s. 40.81 (3) and except that a municipal employer shall not meet and confer with respect to any proposal to diminish or abridge the rights guaranteed to municipal employees under ch. 164. The duty to bargain, however, does not compel either party to agree to a proposal or require the making of a concession. Collective bargaining includes the reduction of any agreement reached to a written and signed document. The municipal employer shall not be required to bargain on subjects reserved to management and direction of the governmental unit except insofar as the manner of exercise of such functions affects the wages, hours, and conditions of employment of the municipal employees in a collective bargaining unit. In creating this subchapter the legislature recognizes that the municipal employer must exercise its powers and responsibilities to act for the government and good order of the jurisdiction which it serves, its commercial benefit and the health, safety, and welfare of the public to assure orderly operations and functions within its jurisdiction, subject to those rights secured to municipal employees by the constitutions of this state and of the United States and by this subchapter.

AB40, s. 2406 Section 2406 . 111.70 (1) (a) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40,955,24 111.70 (1) (a) "Collective bargaining" means the performance of the mutual obligation of a municipal employer, through its officers and agents, and the representative of its municipal employees in a collective bargaining unit, to meet and confer at reasonable times, in good faith, with the intention of reaching an agreement, or to resolve questions arising under such an agreement, with respect to wages, hours, and conditions of employment, and with respect to a requirement of the municipal employer for a municipal employee to perform law enforcement and fire fighting services under s. 60.553, 61.66, or 62.13 (2e) and for a school district with respect to any matter under sub. (4) (n) and (o), except as provided in subs. (3m), (3p), and (4) (m) and (mc) and s. 40.81 (3) and except that a municipal employer shall not meet and confer with respect to any proposal to diminish or abridge the rights guaranteed to municipal employees under ch. 164. The duty to bargain, however, does not compel either party to agree to a proposal or require the making of a concession. Collective bargaining includes the reduction of any agreement reached to a written and signed document. The municipal employer shall not be required to bargain on subjects reserved to management and direction of the governmental unit except insofar as the manner of exercise of such functions affects the wages, hours, and conditions of employment of the municipal employees in a collective bargaining unit. In creating this subchapter the legislature recognizes that the municipal employer must exercise its powers and responsibilities to act for the government and good order of the jurisdiction which it serves, its commercial benefit and the health, safety, and welfare of the public to assure orderly operations and functions within its jurisdiction, subject to those rights secured to municipal employees by the constitutions of this state and of the United States and by this subchapter.

AB40, s. 2407 Section 2407. 111.70 (3m) of the statutes is repealed.

AB40, s. 2408 Section 2408. 111.70 (4) (d) 2. a. of the statutes is amended to read:

AB40,957,4 111.70 (4) (d) 2. a. The commission shall determine the appropriate collective bargaining unit for the purpose of collective bargaining and shall whenever possible, unless otherwise required under this subchapter, avoid fragmentation by maintaining as few collective bargaining units as practicable in keeping with the size of the total municipal workforce. In making such a determination, the commission may decide whether, in a particular case, the municipal employees in the same or several departments, divisions, institutions, crafts, professions, or other occupational groupings constitute a collective bargaining unit. Before making its determination, the commission may provide an opportunity for the municipal employees concerned to determine, by secret ballot, whether they desire to be established as a separate collective bargaining unit. The commission shall not decide, however, that any group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both professional employees and nonprofessional employees, unless a majority of the professional employees vote for inclusion in the unit. The commission shall not decide that any group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both craft employees and noncraft employees unless a majority of the craft employees vote for inclusion in the unit. The commission shall place the professional employees who are assigned to perform any services at a charter school, as defined in s. 115.001 (1), in a separate collective bargaining unit from a unit that includes any other professional employees whenever at least 30% of those professional employees request an election to be held to determine that issue and a majority of the professional employees at the charter school who cast votes in the election decide to be represented in a separate collective bargaining unit. Upon the expiration of any collective bargaining agreement in force, the commission shall combine into a single collective bargaining unit 2 or more collective bargaining units consisting of school district employees if a majority of the employees voting in each collective bargaining unit vote to combine. Any vote taken under this subsection shall be by secret ballot.

AB40, s. 2409 Section 2409. 111.70 (4) (m) 5. of the statutes is created to read:

AB40,957,7 111.70 (4) (m) 5. The prohibition in s. 118.205 against requiring teachers employed by a school board to reside within the school district.

AB40, s. 2410 Section 2410. 111.81 (7) (f) of the statutes is amended to read:

AB40,957,11 111.81 (7) (f) Instructional staff employed by the board of regents of the University of Wisconsin System who provide services for a charter school established by contract under s. 118.40 (2r) (cm) (b) 1. e.