Wisconsin Legislature: 59,1403

103.503 (1) (g) “Project of public works" means a project of public works that is subject to s. 16.856 or that would be subject to s. 66.0903, 2013 stats., if the project were erected, constructed, repaired, remodeled, or demolished prior to January 1, 2017, or that would be subject to s. 16.856, 2015 stats., if the project were erected, constructed, repaired, remodeled, or demolished prior to the effective date of this paragraph .... [LRB inserts date].

59,1389 Section 1389 . 103.503 (1) (j) of the statutes is created to read:

103.503 (1) (j) “State agency" means any office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts. “State agency" also includes the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, and the Wisconsin Aerospace Authority.

59,1390 Section 1390 . 103.503 (2) of the statutes is amended to read:

103.503 (2) Substance abuse prohibited. No employee may use, possess, attempt to possess, distribute, deliver, or be under the influence of a drug, or use or be under the influence of alcohol, while performing the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 (2m), 2015 stats., on a project of public works or while performing work on a public utility project. An employee is considered to be under the influence of alcohol for purposes of this subsection if he or she has an alcohol concentration that is equal to or greater than the amount specified in s. 885.235 (1g) (d).

59,1391 Section 1391 . 103.503 (3) (a) 2. of the statutes is amended to read:

103.503 (3) (a) 2. A requirement that employees performing the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 (2m), 2015 stats., on a project of public works or performing work on a public utility project submit to random, reasonable suspicion, and post-accident drug and alcohol testing and to drug and alcohol testing before commencing work on the project, except that testing of an employee before commencing work on a project is not required if the employee has been participating in a random testing program during the 90 days preceding the date on which the employee commenced work on the project.

59,1395 Section 1395 . 106.04 of the statutes is repealed.

59,1396 Section 1396 . 106.125 of the statutes is created to read:

106.125 Early college credit program. On behalf of the school board of a school district and on behalf of the governing body of a participating private school, as defined in s. 118.55 (1) (c), the department of workforce development shall pay to the department of public instruction the costs of tuition for a pupil who attends an institution of higher education under the program under s. 118.55 as provided under s. 118.55 (5) (e) 2. and 3.

59,1397 Section 1397 . 106.27 (1) of the statutes is renumbered 106.27 (1) (intro.) and amended to read:

106.27 (1) Workforce training grants. (intro.) From the appropriation under s. 20.445 (1) (b), the department shall award grants to public and private organizations for the development and implementation of workforce training programs. An organization that is awarded a grant under this subsection may use the grant for the training of unemployed and underemployed workers and incumbent employees of businesses in this state. As a condition of receiving a grant under this subsection, the department may require a public or private organization to provide matching funds at a percentage to be determined by the department. Grants awarded under this subsection may include any of the following:

59,1398 Section 1398 . 106.27 (1) (a) of the statutes is created to read:

106.27 (1) (a) Grants for collaborative projects among school districts, technical colleges, and businesses to provide high school students with industry-recognized certifications in high-demand fields, as determined by the department.

59,1399 Section 1399 . 106.27 (1) (b) of the statutes is created to read:

106.27 (1) (b) 1. Grants for programs that train teachers and that train individuals to become teachers, including teachers in dual enrollment programs.

2. In this paragraph:

a. “Dual enrollment program" means a program or course of study designed to provide high school students the opportunity to gain credits in both technical college and high school, including transcripted credit programs or other educational services provided by contract between a school district and a technical college.

b. “Teacher” includes an instructor at a technical college under ch. 38.

59,1400 Section 1400 . 106.27 (1) (c) of the statutes is created to read:

106.27 (1) (c) Grants for the development of public-private partnerships designed to improve workforce retention through employee support and training.

59,1401 Section 1401 . 106.27 (1) (d) of the statutes is created to read:

106.27 (1) (d) Grants to nonprofit organizations, institutions of higher education, as defined in 20 USC 1001 (a) and (b), and employers to increase the number of students who are placed with employers for internships.

59,1402 Section 1402 . 106.27 (1) (e) of the statutes is created to read:

106.27 (1) (e) Grants to community-based organizations for public-private partnerships to create and implement a nursing training program for middle school and high school students.

59,1402c Section 1402c. 106.27 (1) (f) of the statutes is created to read:

106.27 (1) (f) Grants to school districts to fund building modifications needed to support school districts' technical education programs.

59,1403 Section 1403 . 106.27 (1j) of the statutes is created to read:

106.27 (1j) Workforce training program; mobile classrooms. (a) Of the amounts appropriated under s. 20.445 (1) (b), the department shall allocate up to $1,000,000 for grants to the department of corrections to fund the creation and operation of mobile classrooms.

(am) Of the amounts appropriated under s. 20.445 (1) (b), the department may allocate up to $50,000 in each fiscal year for grants to fund the upkeep and maintenance of the mobile classrooms described under par. (a).

(b) The mobile classrooms described under par. (a) shall be used to provide job skills training to individuals in underserved areas of this state, including inmates at correctional facilities who are preparing for reentry into the workforce.

(c) The department of corrections may use the grant money awarded under par. (a) to purchase capital equipment, such as a mobile or modular unit, that will be used as a mobile classroom, including costs to modify the equipment to make it suitable for classroom instruction, and to purchase and install any furniture, equipment, and supplies necessary or desirable for outfitting the mobile classroom for the job skills training that will be provided in the mobile classroom.

59,1404 Section 1404 . 106.27 (1r) of the statutes is amended to read:

106.27 (1r) Student internship coordination. From the appropriation under s. 20.445 (1) (b), the department shall provide coordination between nonprofit organizations and institutions of higher education, as defined in 20 USC 1001 (a) and (b), and employers to increase the number of students who are placed with employers for internships.

59,1405 Section 1405 . 106.27 (2g) (a) 2. of the statutes is amended to read:

106.27 (2g) (a) 2. Receive and review applications for grants under subs. (1) and, (1g), and (1j) (am) and prescribe the form, nature, and extent of the information that must be contained in an application for a grant under sub. (1) or, (1g), or (1j) (am).

59,1406 Section 1406 . 106.27 (3) of the statutes is amended to read:

106.27 (3) Annual report. Annually, by December 31, the department shall submit a report to the governor and the cochairpersons of the joint committee on finance providing an account of the department's activities and expenditures under this section during the preceding fiscal year and detailing the amounts allocated to and expended for each of the programs, grants, and services specified in s. 20.445 (1) (b) and (bm) for that fiscal year. The report shall include information on the number of unemployed and underemployed workers and incumbent employees who participate in training programs under sub. (1) or (1j); the number of unemployed workers who obtain gainful employment, underemployed workers who obtain new employment, and incumbent employees who receive increased compensation after participating in such a training program; and the wages earned by those workers and employees both before and after participating in such a training program. The report shall also include information on the extent to which waiting lists for enrollment in courses and programs provided by technical colleges in high-demand fields are reduced as a result of grants under sub. (1g) (a), on the number of high school pupils students who participate in certification or training programs under sub. (1) (a) or (e) or (1g) (b), on the building modifications funded under sub. (1) (f) and the effect of those building modifications on the school districts' technical education programs, and on the number of persons with disabilities who participate in employment enhancement activities under sub. (1g) (c). In addition, the report shall provide information on the number of student interns who are placed with employers as a result of the coordination activities conducted under sub. (1r) or the grants awarded under sub. (1) (d).

59,1407 Section 1407 . 106.272 of the statutes is created to read:

106.272 Teacher development program grants. (1) From the appropriation under s. 20.445 (1) (b), the department shall award grants to the school board of a school district or to the governing body of a private school, as defined under s. 115.001 (3d), or to a charter management organization that has partnered with an educator preparation program approved by the department of public instruction and headquartered in this state to design and implement a teacher development program.

(2) In awarding a grant under this section, the department shall do all of the following:

(a) Consult with the department of public instruction to confirm that the teacher development program satisfies the requirements under s. 118.196 (2).

(b) Consider the methods by which the school board, governing body, or charter management organization and the educator preparation program under sub. (1) will make the teacher development program affordable to participating employees.

(c) Consider whether the school board, governing body, or charter management organization has agreed to contribute matching funds towards the teacher development program.

59,1407g Section 1407g. 106.273 (3) (a) (intro.) of the statutes is amended to read:

106.273 (3) (a) (intro.) From the appropriation under s. 20.445 (1) (b), the department shall allocate not less than $3,000,000 $3,500,000 in each fiscal year for incentive grants to school districts under this section. From that allocation, the department shall, subject to par. (am), annually award to a school district $1,000 per pupil for each pupil in the school district who, in the prior school year, obtained a high school diploma or a technical education high school diploma from a school in the school district, if all of the following apply:

59,1407i Section 1407i. 106.273 (3) (am) of the statutes is created to read:

106.273 (3) (am) The department may not make a per pupil award of $1,000 to a school district under par. (a) if the industry-recognized certification program completed by the pupil as a condition of the award under par. (a) 2. is an information technology instructional program developed under s. 115.455.

59,1407k Section 1407k. 106.275 of the statutes is created to read:

106.275 Technical education equipment grants. (1) Awarding of grants. (a) From the appropriation under s. 20.445 (1) (b), the department may allocate up to $500,000 in each fiscal year for technical education equipment grants to school districts under this section. From that allocation, the department may award grants in the amount of not more than $50,000 to school districts whose grant applications are approved under sub. (2) (b).

(b) A school district that is awarded a grant under this section shall use the grant moneys awarded for the acquisition of equipment that is used in advanced manufacturing fields in the workplace, together with any software necessary for the operation of that equipment and any instructional material necessary to train pupils in the operation of that equipment.

(c) As a condition of receiving a grant under this section, a school district shall provide matching funds equal to 200 percent of the grant amount awarded. The match may be in the form of money, or the monetary value of equipment, contributed from private sources, the school district, or both.

(2) Grant application process. (a) A school district that wishes to receive a grant under this section shall apply for the grant in accordance with procedures and requirements established by the department under rules promulgated under sub. (4) (b) 1. A grant application shall describe the purpose and need for the grant, the projected outcomes that the school district is seeking to achieve as a result of receiving the grant, the amount and source of the matching funds required under sub. (1) (c), and any other information that the department may require under rules promulgated under sub. (4) (b) 1.

(b) The department , in consultation with the advisory committee created under sub. (4) (a), shall review and evaluate a grant application submitted under par. (a) in accordance with procedures and criteria established by the department under rules promulgated under sub. (4) (b) 2. After completing that review and evaluation, the department shall notify the school district of the department's decision on the grant application.

(3) Reporting requirements. Each school district that receives a grant under this section shall file a report with the department by September 1 of each of the first 3 fiscal years following the fiscal year in which the grant was received. The report shall describe how the grant moneys were expended, describe the outcomes achieved as a result of receiving the grant, share the best practices employed by the school district regarding the training of pupils in the use of the equipment acquired with the grant moneys, include a plan for sustainability of that training, and provide such other information as the department may require under rules promulgated under sub. (4) (b) 3.

(4) Implementation of grant program. (a) The secretary of workforce development shall create an advisory committee under s. 15.04 (1) (c) to assist the department in reviewing and evaluating grant applications under sub. (2) (b). The committee shall consist of 5 individuals appointed by the secretary each of whom represents a different industrial sector of the economy and a different geographic region of the state.

(b) The department shall promulgate rules to implement this section. Those rules shall include all of the following:

1. Rules establishing the procedures and requirements for applying for a grant under sub. (2) (a), including the information that must be submitted with a grant application.

2. Rules establishing the procedures and criteria for awarding a grant under sub. (2) (b).

3. Rules governing the reporting requirements under sub. (3), including the information that must be provided in a report submitted under sub. (3).

59,1407m Section 1407m. 106.277 of the statutes is created to read:

106.277 Grants for teacher training and recruitment. (1) From the appropriation under s. 20.445 (1) (bt), the department shall award a grant to a nonprofit organization that applies on a form prepared by the department to receive a grant under this section if all of the following apply:

(a) The organization is described under section 501 (c) (3) or (4) of the Internal Revenue Code and exempt from taxation under section 501 (a) of the Internal Revenue Code.

(b) The organization operates a program to recruit and prepare individuals to teach in public or private schools located in low-income or urban school districts in this state.

(c) The organization submits an application no later than January 15 in the year for which the organization seeks a grant under this section and includes with its application a description of the organization and its program and the manner in which grant funding will benefit the organization or has benefited the organization in the past.

(2) The department shall establish a process for evaluating and assigning a score to each organization eligible to receive a grant under sub. (1). If the amount appropriated under s. 20.445 (1) (bt) is insufficient to make the payments required under sub. (1), the department shall give preference in evaluating grants under this section to a nonprofit organization for each of the following:

(a) The program trains future teachers who are enrolled in an accredited college or university in this state concurrent with the training.

(b) The program focuses on future teachers who plan to teach in public or private schools in this state as a profession.

(d) The program attempts to place a majority of its total participants in public or private schools located in low-income or urban school districts in this state.

(3) When awarding a grant under this section, the department may not consider the religious affiliation, if any, of the nonprofit organization or whether the organization has received funding from the state in the past.

(4) By February 15 of each year, the department shall make its determination regarding successful applicants and shall notify those applicants that will receive a grant under this section.

59,1444 Section 1444 . 109.09 (1) of the statutes is amended to read:

109.09 (1) The department shall investigate and attempt equitably to adjust controversies between employers and employees as to alleged wage claims. The department may receive and investigate any wage claim that is filed with the department, or received by the department under s. 109.10 (4), no later than 2 years after the date the wages are due. The department may, after receiving a wage claim, investigate any wages due from the employer against whom the claim is filed to any employee during the period commencing 2 years before the date the claim is filed. The department shall enforce this chapter and s. 66.0903, 2013 stats., s. 103.49, 2013 stats., and s. 229.8275, 2013 stats., and s. 16.856, 2015 stats., and ss. 16.856, 103.02, 103.82, and 104.12. In pursuance of this duty, the department may sue the employer on behalf of the employee to collect any wage claim or wage deficiency and ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions under s. 109.10, the department may refer such an action to the district attorney of the county in which the violation occurs for prosecution and collection and the district attorney shall commence an action in the circuit court having appropriate jurisdiction. Any number of wage claims or wage deficiencies against the same employer may be joined in a single proceeding, but the court may order separate trials or hearings. In actions that are referred to a district attorney under this subsection, any taxable costs recovered by the district attorney shall be paid into the general fund of the county in which the violation occurs and used by that county to meet its financial responsibility under s. 978.13 (2) (b) for the operation of the office of the district attorney who prosecuted the action.

59,1446 Section 1446 . 111.07 (5) of the statutes is amended to read:

111.07 (5) The commission may make findings and orders or may authorize a commissioner or an examiner to make findings and orders. Any party in interest who is dissatisfied with the findings or order of a commissioner or examiner may file a written petition with the commission as a body to review the findings or order. If no petition is filed within 20 days from the date that a copy of the findings or order of the commissioner or examiner was mailed to the last-known address of the parties in interest, such findings or order shall be considered the findings or order of the commission as a body unless set aside, reversed, or modified by such commissioner the commission or examiner within such time. If the findings or order are set aside by the commissioner commission or examiner the status shall be the same as prior to the findings or order set aside. If the findings or order are reversed or modified by the commissioner or examiner, the time for filing petition with the commission shall run from the time that notice of such reversal or modification is mailed to the last-known address of the parties in interest. Within 45 days after the filing of such petition with the commission, the commission shall either affirm, reverse, set aside, or modify such findings or order, in whole or in part, or direct the taking of additional testimony. Such action shall be based on a review of the evidence submitted. If the commission is satisfied that a party in interest has been prejudiced because of exceptional delay in the receipt of a copy of any findings or order, it may extend the time another 20 days for filing a petition with the commission.

59,1447 Section 1447 . 111.07 (6) of the statutes is amended to read:

111.07 (6) The commission shall have the power to remove or transfer the proceedings pending before a commissioner or an examiner. It may also, on its own motion, set aside, modify, or change any order, findings, or award, whether made by an individual commissioner, an examiner, or by the commission as a body, at any time within 20 days from the date thereof if it shall discover any mistake therein, or upon the grounds of newly discovered evidence.

59,1448 Section 1448 . 111.14 of the statutes is amended to read:

111.14 Penalty. Any person who shall willfully assault, resist, prevent, impede, or interfere with any member of the commission or any of its agents or agencies in the performance of duties pursuant to this subchapter shall be punished by a fine of not more than $500 or by imprisonment in the county jail for not more than one year, or both.

59,1452 Section 1452 . 111.322 (2m) (c) of the statutes is repealed.

59,1453 Section 1453 . 111.322 (2m) (d) of the statutes is amended to read:

111.322 (2m) (d) The individual's employer believes that the individual engaged or may engage in any activity described in pars. (a) to (c) (bm).

59,1454 Section 1454 . 111.335 (1) (cx) of the statutes is amended to read:

111.335 (1) (cx) Notwithstanding s. 111.322, it is not employment discrimination because of conviction record to refuse to employ or license, or to bar or terminate from employment or licensure, any individual who has been convicted of any offense under s. 38.50 440.52 (13) (c).

59,1460m Section 1460m. 114.136 (2) (b) 3. of the statutes is created to read:

114.136 (2) (b) 3. An ordinance under this section may not prohibit the use of a physical barrier in lieu of compliance with a 48-hour drainage requirement for a storm detention pond that is located in a residential subdivision underlain by natural clay soil.

59,1461p Section 1461p. 115.28 (7) (a) of the statutes is amended to read:

115.28 (7) (a) License all teachers for the public schools of the state; make rules establishing standards of attainment and procedures for the examination and licensing of teachers within the limits prescribed in ss. 118.19 (2) and (3), 118.191, 118.1915, 118.192, 118.193, 118.194, and 118.195, and 118.197; prescribe by rule standards, requirements, and procedures for the approval of teacher preparatory programs leading to licensure, including a requirement that, beginning on July 1, 2012, and annually thereafter, each teacher preparatory program located in this state shall submit to the department a list of individuals who have completed the program and who have been recommended by the program for licensure under this subsection, together with each individual's date of program completion, from each term or semester of the program's most recently completed academic year; file in the state superintendent's office all papers relating to state teachers' licenses; and register each such license.