SB887: Bill Text

SB887,93 Section 93. 84.54 of the statutes is created to read:

SB887,81,6 84.54 Minimum federal expenditures for projects receiving federal funding. (1) Except as provided in sub. (2), for all of the following projects on which the department expends federal moneys, the department shall expend federal moneys on not less than 70 percent of the aggregate project components eligible for federal funding each fiscal year:

SB887,81,7 (a) Southeast Wisconsin freeway megaprojects.

SB887,81,8 (b) Major highway development projects.

SB887,81,10 (c) State highway rehabilitation projects with a total cost of less than $10 million.

SB887,81,24 (2) If the department determines that it cannot meet the requirements under sub. (1) or that it can make more effective and efficient use of federal moneys than the use required under sub. (1), the department may submit a proposed alternate funding plan to the joint committee on finance. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department's submittal that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the department may expend moneys as proposed in the plan. If, within 14 working days after the date of the submittal, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the department may expend moneys as proposed in the plan only upon approval of the committee. The department may continue with any projects subject to the funding requirement under sub. (1) while the committee conducts its review, including any hearings conducted by the committee.

SB887,94 Section 94 . 86.51 of the statutes is created to read:

SB887,82,1 86.51 Requirements for local projects. (1) In this section:

SB887,82,4 (a) “Local bridge" means a bridge that is not on the state trunk highway system or on marked routes of the state trunk highway system designated as connecting highways.

SB887,82,6 (b) “Local roads" means streets under the authority of cities or villages, county trunk highways, or town roads.

SB887,82,7 (c) “Political subdivision” means a county, city, village, or town.

SB887,82,9 (d) “Project" means the development, construction, repair, or improvement of a local road or a local bridge.

SB887,82,12 (2) If the department disburses aid to a political subdivision for a project, the department shall notify the political subdivision whether the aid includes federal moneys and which project components must be paid for with federal moneys, if any.

SB887,82,15 (3) For any project meeting all of the following criteria, the department may not require a political subdivision to comply with any portion of the department's facilities development manual other than design standards:

SB887,82,17 (a) The project proposal is reviewed and approved by a professional engineer or by the highway commissioner for the county in which the project will be located.

SB887,82,19 (b) The project is conducted by a political subdivision with no expenditure of federal money.

SB887,95 Section 95. 106.05 (2) (b) (intro.) of the statutes is amended to read:

SB887,83,2 106.05 (2) (b) (intro.) Subject to par. (c) and sub. (3), from the appropriation under s. 20.445 (1) (b) (dr), the department may provide to an apprentice described in par. (a) 1. or the apprentice's sponsor a completion award equal to 25 percent of the cost of tuition incurred by the apprentice or sponsor or $1,000, whichever is less. If the department provides a completion award under this subsection, the department shall pay the award as follows:

SB887,96 Section 96. 106.05 (3) (a) of the statutes is amended to read:

SB887,83,10 106.05 (3) (a) If the amount of funds to be distributed under sub. (2) exceeds the amount available in the appropriation under s. 20.445 (1) (b) (dr) for completion awards under sub. (2), the department may reduce the reimbursement percentage or deny applications for completion awards that would otherwise qualify under sub. (2). In that case, the department shall determine the reimbursement percentage and eligibility on the basis of the dates on which apprentices and sponsors become eligible for completion awards.

SB887,97 Section 97. 106.13 (3m) (b) (intro.) of the statutes is amended to read:

SB887,83,22 106.13 (3m) (b) (intro.) From the appropriation under s. 20.445 (1) (b) (e), the department may award grants to applying local partnerships for the implementation and coordination of local youth apprenticeship programs. A local partnership shall include in its grant application the identity of each public agency, nonprofit organization, individual, and other person who is a participant in the local partnership, a plan to accomplish the implementation and coordination activities specified in subds. 1. to 6., and the identity of a fiscal agent who shall be is responsible for receiving, managing, and accounting for the grant moneys received under this paragraph. Subject to par. (c), a local partnership that is awarded a grant under this paragraph may use the grant moneys awarded for any of the following implementation and coordination activities:

SB887,98 Section 98. 106.18 of the statutes is amended to read:

SB887,84,3 106.18 Youth programs in 1st class cities. From the appropriation account under s. 20.445 (1) (b) (fm), the department shall implement and operate youth summer jobs programs in 1st class cities.

SB887,99 Section 99. 106.26 (3) (c) (intro.) of the statutes is amended to read:

SB887,84,8 106.26 (3) (c) (intro.) To make grants from the appropriation under s. 20.445 (1) (b) (fg) to eligible applicants to conduct projects or to match a federal grant awarded to an eligible applicant to conduct a project. Grants by the department are subject to all of the following requirements:

SB887,100 Section 100. 106.272 (1) of the statutes is amended to read:

SB887,84,15 106.272 (1) From the appropriation under s. 20.445 (1) (b) (dg), 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.

SB887,101 Section 101. 106.273 (3) (a) (intro.) of the statutes is amended to read:

SB887,84,21 106.273 (3) (a) (intro.) From the appropriation under s. 20.445 (1) (b) (bz), the department shall allocate not less than $3,500,000 in each fiscal year for incentive grants to school districts under this subsection. From that allocation, the department shall annually award all of the following incentive grants to school districts:

SB887,102 Section 102. 106.273 (3) (b) of the statutes is amended to read:

SB887,85,2 106.273 (3) (b) If the amount allocated under par. (a) available in the appropriation under s. 20.445 (1) (bz) in any fiscal year is insufficient to pay the full amount per student under par. (a) 1m. and 2m., the department may prorate the amount of the department's payments among school districts eligible for incentive grants under this subsection.

SB887,103 Section 103. 106.275 (1) (a) of the statutes is amended to read:

SB887,85,9 106.275 (1) (a) From the appropriation under s. 20.445 (1) (b) (cg), 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 technical education equipment grants under this section in the amount of not more than $50,000 to school districts whose grant applications are approved under sub. (2) (b).

SB887,104 Section 104 . 108.04 (2) (a) (intro.) of the statutes is amended to read:

SB887,85,13 108.04 (2) (a) (intro.) Except as provided in par. pars. (b) and to (bd), sub. (16) (am) and (b), and s. 108.062 (10) and (10m) and as otherwise expressly provided, a claimant is eligible for benefits as to any given week only if all of the following apply:

SB887,105 Section 105 . 108.04 (2) (a) 1. of the statutes is amended to read:

SB887,85,16 108.04 (2) (a) 1. Except as provided in s. 108.062 (10), the individual The claimant is able to work and available for work during that week ;.

SB887,106 Section 106 . 108.04 (2) (a) 2. of the statutes is amended to read:

SB887,85,20 108.04 (2) (a) 2. Except as provided in s. 108.062 (10m), as of that week, the individual The claimant has registered for work as directed in the manner prescribed by the department; by rule.

SB887,107 Section 107 . 108.04 (2) (a) 3. (intro.) of the statutes is renumbered 108.04 (2) (a) 3. and amended to read:

SB887,86,11 108.04 (2) (a) 3. The individual claimant conducts a reasonable search for suitable work during that week, unless the search requirement is waived under par. (b) or s. 108.062 (10m) and provides verification of that search to the department. The search for suitable work must include at least 4 actions per week that constitute a reasonable search as prescribed by rule of the department. In addition, the department may, by rule, require an individual a claimant to take more than 4 reasonable work search actions in any week. The department shall require a uniform number of reasonable work search actions for similar types of claimants. This subdivision does not apply to an individual if the department determines that the individual is currently laid off from employment with an employer but there is a reasonable expectation of reemployment of the individual by that employer. In determining whether the individual has a reasonable expectation of reemployment by an employer, the department shall request the employer to verify the individual's employment status and shall also consider other factors, including:

SB887,108 Section 108 . 108.04 (2) (a) 3. a. to c. of the statutes are renumbered 108.04 (2) (b) 1. a. to c. and amended to read:

SB887,86,14 108.04 (2) (b) 1. a. The history of layoffs and reemployments by the employer;.

SB887,86,17 b. Any information that the employer furnished to the individual claimant or the department concerning the individual's claimant's anticipated reemployment date; and.

SB887,86,19 c. Whether the individual claimant has recall rights with the employer under the terms of any applicable collective bargaining agreement; and.

SB887,109 Section 109 . 108.04 (2) (b) of the statutes is renumbered 108.04 (2) (b) (intro.) and amended to read:

SB887,87,2 108.04 (2) (b) (intro.) The requirements for registration for work and search for work shall be prescribed by rule of the department, and the department may by general rule shall, except as provided under par. (bd), waive these requirements the registration for work requirement under certain stated conditions. par. (a) 2. if any of the following applies:

SB887,110 Section 110 . 108.04 (2) (b) 1. (intro.) of the statutes is created to read:

SB887,87,10 108.04 (2) (b) 1. (intro.) The department determines that the claimant is currently laid off from employment with an employer but there is a reasonable expectation of reemployment of the claimant by that employer within a period of 8 weeks, which may be extended up to an additional 4 weeks but not to exceed a total of 12 weeks. In determining whether the claimant has a reasonable expectation of reemployment by an employer, the department shall request the employer to verify the claimant's employment status and shall consider all of the following:

SB887,111 Section 111. 108.04 (2) (b) 2. to 6. of the statutes are created to read:

SB887,87,15 108.04 (2) (b) 2. The claimant has a reasonable expectation of starting employment with a new employer within 4 weeks and the employer has verified the anticipated starting date with the department. A waiver under this subdivision may not exceed 4 weeks.

SB887,87,17 3. The claimant has been laid off from work and routinely obtains work through a labor union referral and all of the following apply:

SB887,87,19 a. The union is the primary method used by workers to obtain employment in the claimant's customary occupation.

SB887,87,22 b. The union maintains records of unemployed members and the referral activities of these members, and the union allows the department to inspect those records.

SB887,87,25 c. The union provides, upon the request of the department, any information regarding a claimant's registration with the union or any referrals for employment it has made to the claimant.

SB887,88,3 d. Prospective employers of the claimant seldom place orders with the public employment office for jobs requiring occupational skills similar to those of the claimant.

SB887,88,6 e. The claimant is registered for work with a union and satisfies the requirements of the union relating to job referral procedures, and maintains membership in good standing with the union.

SB887,88,8 f. The union enters into an agreement with the department regarding the requirements of this subdivision.

SB887,88,9 4. The claimant is summoned to serve as a prospective or impaneled juror.

SB887,88,14 5. The requirements are waived under s. 108.04 (16) or 108.062 (10m), or the claimant is enrolled in and satisfactorily participating in a self-employment assistance program or another program established under state or federal law and the program provides that claimants who participate in the program shall be waived by the department from work registration requirements.

SB887,88,16 6. The claimant is unable to complete registration due to circumstances that the department determines are beyond the claimant's control.

SB887,112 Section 112 . 108.04 (2) (bb) of the statutes is created to read:

SB887,88,19 108.04 (2) (bb) The department shall, except as provided under par. (bd), waive the work search requirement under par. (a) 3. if any of the following applies:

SB887,88,20 1. A reason specified in par (b) 1., 2., 3., or 4.

SB887,88,21 2. The claimant performs any work for his or her customary employer.

SB887,89,2 3. The requirements are waived under s. 108.04 (16) or 108.062 (10m), or the claimant is enrolled in and satisfactorily participating in a self-employment assistance program or another program established under state or federal law and the program provides that claimants who participate in the program shall be waived by the department from work search requirements.

SB887,89,4 4. The claimant has not complied with the requirement because of an error made by personnel of the department.

SB887,89,7 5. The claimant's most recent employer failed to post appropriate notice posters as to claiming unemployment benefits as required by the department by rule, and the claimant was not aware of the work search requirement.

SB887,89,11 6. The claimant has been referred for reemployment services, is participating in such services, or is not participating in such services, but has good cause for failure to participate. For purposes of this subdivision, a claimant has good cause if he or she is unable to participate due to any of the following:

SB887,89,12 a. A reason specified in subd. 3. or par (b) 4.

SB887,89,13 b. The claimant is employed.

SB887,89,14 c. The claimant is attending a job interview.

SB887,89,16 d. Circumstances that the department determines are beyond the claimant's control.

SB887,113 Section 113 . 108.04 (2) (bd) of the statutes is created to read:

SB887,89,20 108.04 (2) (bd) The department may, by rule, do any of the following if doing so is necessary to comply with a requirement under federal law or is specifically allowed under federal law:

SB887,89,21 1. Modify the availability of any waiver under par. (b) or (bb).

SB887,89,22 2. Establish additional waivers from the requirements under par. (a) 2. and 3.

SB887,114 Section 114 . 108.04 (2) (bm) of the statutes is amended to read:

SB887,90,6 108.04 (2) (bm) A claimant is ineligible to receive benefits for any week for which there is a determination that the claimant failed to conduct a reasonable search for suitable comply with the registration for work and work and search requirements under par. (a) 2. or 3. or failed to provide verification to the department that the claimant complied with those requirements, unless the department has not waived the search requirement those requirements under par. (b), (bb), or (bd) or s. 108.062 (10m). If the department has paid benefits to a claimant for any such week, the department may recover the overpayment under s. 108.22.

SB887,115 Section 115. 165.055 (3) of the statutes is repealed.

SB887,116 Section 116 . 165.07 of the statutes is created to read:

SB887,90,13 165.07 Intervention by joint committee on legislative organization. If the joint committee on legislative organization intervenes in an action in state or federal court as permitted under s. 803.09 (2m), the attorney general shall notify the court of the substitution of counsel by special counsel appointed by the joint committee on legislative organization and may not participate in the action.

SB887,117 Section 117 . 165.08 of the statutes is renumbered 165.08 (1) and amended to read:

SB887,91,2 165.08 (1) Any civil action prosecuted by the department by direction of any officer, department, board, or commission, shall be compromised or discontinued when so directed by such officer, department, board or commission. Any or any civil action prosecuted by the department on the initiative of the attorney general, or at the request of any individual may be compromised or discontinued with the approval of the governor only by submission of a proposed plan to the joint committee on finance for the approval of the committee. The compromise or discontinuance may occur only if the joint committee on finance approves the proposed plan. No proposed plan may be submitted to the joint committee on finance if the plan concedes the unconstitutionality or other invalidity of a statute, facially or as applied, or concedes that a statute violates or is preempted by federal law, without the approval of the joint committee on legislative organization.

SB887,91,5 (2) In any criminal action prosecuted by the attorney general, the department shall have the same powers with reference to such action as are vested in district attorneys.

SB887,118 Section 118 . 165.10 of the statutes, as created by 2017 Wisconsin Act 59, is amended to read:

SB887,91,20 165.10 Limits on expenditure Deposit of discretionary settlement funds. Notwithstanding s. 20.455 (3), before the The attorney general may expend shall deposit all settlement funds under s. 20.455 (3) (g) that are not committed under the terms of the settlement, the attorney general shall submit to the joint committee on finance a proposed plan for the expenditure of the funds. If the cochairpersons of the committee do not notify the attorney general within 14 working days after the submittal that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the attorney general may expend the funds to implement the proposed plan. If, within 14 working days after the submittal, the cochairpersons of the committee notify the attorney general that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the attorney general may expend the funds only to implement the plan as approved by the committee into the general fund.

SB887,119 Section 119 . 165.25 (1) of the statutes is amended to read: