1997 Wisconsin Act 237

(d) “Health care benefits" means coverage of health care expenses under an employe benefit plan.

(2) Subject to sub. (5) or (6), an employer who has decided to cease providing health care benefits in this state shall promptly notify any affected employe, retiree or dependent and any collective bargaining representative of any affected employe, retiree or dependent in writing of such action no later than 60 days prior to the date that the cessation of health care benefits takes place. This subsection does not apply to a cessation of health care benefits that is caused by a strike or lockout.

(3) (a) If an employer fails to give timely notice to an affected employe, retiree or dependent as required under sub. (2), the affected employe, retiree or dependent may recover, as provided under sub. (4), the value of any health care benefits that the affected employe, retiree or dependent would have received during the recovery period described under par. (c), but did not receive because of the cessation of health care benefits, including the cost of any medical treatment incurred that would have been covered but for the cessation of health care benefits.

(b) The amount that an affected employe may recover under par. (a) shall be reduced by any cost that the affected employer incurs by crediting the affected employe, under an employe benefit plan, for time not actually served because of a business closing, as defined in s. 109.07 (1) (b), or mass layoff, as defined in s. 109.07 (1) (f).

(c) The recovery period under par. (a) begins on the day that the cessation of health care benefits occurs. The recovery period equals the number of days in the period beginning on the day on which an employer is required to give notice under sub. (2) and ending on whichever of the following occurs first:

1. The day that the employer actually gave the notice to the affected employe, retiree or dependent.

2. The day that the cessation of health care benefits occurred.

(4) (a) An affected employe, retiree or dependent whose employer or former employer, or whose spouse's or parent's employer or former employer, fails to notify timely the affected employe, retiree or dependent under sub. (2) may file a claim with the department. If the affected employe, retiree or dependent files a claim with the department no later than 300 days after the cessation of health care benefits occurred, the department shall, in the manner provided in s. 109.09, investigate the claim, determine the number of days that the employer or former employer was late in providing notice and, on behalf of the affected employe, retiree or dependent, attempt to recover from the employer or former employer the payment under sub. (3).

(b) If the department does not recover payment within 180 days after a claim is filed or within 30 days after it notifies the affected employe, retiree or dependent of its determination under par. (a), whichever is first, the department shall refer the claim to the department of justice. The department of justice may bring an action in circuit court on behalf of the affected employe, retiree or dependent to recover the payment under sub. (3).

(c) If the department of justice does not bring an action under par. (b) within 120 days after the claim is referred to it, the affected employe, retiree or dependent may bring an action in circuit court to recover the payment under sub. (3). If the affected employe, retiree or dependent prevails in the action, he or she shall also recover costs under ch. 814 and, notwithstanding s. 814.04 (1), reasonable attorney fees.

(d) An action under this section shall be begun within one year after the department refers the claim to the department of justice under par. (b), or be barred.

(5) (a) An employer is not liable under this section for a failure to give notice to any person under sub. (2), if the department determines all of the following:

1. When the notice under sub. (2) would have been timely given, that the employer was actively seeking capital or business to enable the employer to avoid or postpone indefinitely the cessation of health care benefits.

2. That the employer reasonably and in good faith believed that giving the notice required under sub. (2) would have prevented the employer from obtaining the capital or business.

(b) The department may not determine that an employer was actively seeking capital or business under par. (a) 1. unless the employer has a written record, made while the employer was seeking capital or business, of those activities. The record shall consist of the documents and other material specified by the department by rule under s. 109.12 (1) (b). The employer shall have individual documents in the record notarized, as required by the department's rules. The employer shall provide the department with an affidavit verifying the content of the notarized documents.

(6) An employer is not liable under this section for a failure to give notice to any person under sub. (2), if the department determines that the cessation of health care benefits is the result of any of the following:

(a) The sale of part or all of the employer's business, if the purchaser agrees in writing, as part of the purchase agreement, to provide health care benefits for all of the affected employes, retirees and dependents with not more than a 60-day break in coverage.

(b) Business circumstances that were not foreseeable when the notice would have been timely given.

(c) A natural or man-made disaster beyond the control of the employer.

(d) A temporary cessation in providing health care benefits, if the employer renews providing health care benefits for the affected employes, retirees and dependents on or before the 60th day beginning after the cessation.

(7) Each employer shall post, in one or more conspicuous places where notices to employes are customarily posted, a notice in a form approved by the department setting forth the rights of employes, retirees and dependents under this section. Any employer who violates this subsection shall forfeit not more than $100.

(8) Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.

237,354r Section 354r. 109.09 (2) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 109.09 (2) (a) and amended to read:

109.09 (2) (a) The department of workforce development, under its authority under sub. (1) to maintain actions for the benefit of employes, or an employe who brings an action under s. 109.03 (5) shall have a lien upon all property of the employer, real or personal, located in this state for the full amount of any wage claim or wage deficiency up to a maximum amount of $1,000.

(b) 1. A lien under this subsection par. (a) upon real property takes effect when the department of workforce development or employe files a verified petition claiming notice of the lien with the clerk of the circuit court of the county in which the services or some part of the services were performed, pays the fee specified in s. 814.61 (5) to that clerk of circuit court and serves a copy of that petition on the employer by personal service in the same manner as a summons is served under s. 801.11 or by certified mail with a return receipt requested. The clerk of circuit court shall enter the notice of the lien on the judgment and lien docket kept under s. 779.07.

3. The department of workforce development or employe must file the petition notice under subd. 1. or 2. within 2 years after the date that on which the wages were due. The petition notice shall specify the nature of the claim and the amount claimed, describe the property upon which the claim is made and state that the petitioner person filing the notice claims a lien on that property. The

(c) A lien shall take under par. (a) takes precedence over all other debts, judgments, decrees, liens or mortgages against the employer that originate after the lien takes effect as provided in par. (b) 1. or 2., except a lien under s. 292.31 (8) (i) or 292.81, and may be enforced in the manner provided in ss. 779.09 to 779.12, 779.20 and 779.21, insofar as such those provisions are applicable. The lien ceases to exist if the department of workforce development or the employe does not bring an action to enforce the lien within the period prescribed in s. 893.44 for the underlying wage claim.

237,354t Section 354t. 109.09 (2) (b) 2. of the statutes is created to read:

109.09 (2) (b) 2. A lien under par. (a) upon personal property takes effect when the department of workforce development or employe files a notice of the lien with the department of financial institutions, pays the fee specified in s. 409.403 (5) (b) to the department of financial institutions and serves a copy of the notice on the employer by personal service in the same manner as a summons is served under s. 801.11 or by certified mail with a return receipt requested. The department of financial institutions shall place the notice of the lien in the same file as financing statements are filed under ss. 409.401 and 409.402.

237,354u Section 354u. 109.12 (1) (a) of the statutes is amended to read:

109.12 (1) (a) Aid the administration of this chapter, including the enforcement of s. ss. 109.07 and 109.075 and criteria for exceptions under s. ss. 109.07 (5) and (6) and 109.075 (5) and (6).

237,354v Section 354v. 109.12 (1) (b) of the statutes is amended to read:

109.12 (1) (b) Establish the form and content of the record required under s. 109.07 (5) (b) and the record required under s. 109.075 (5) (b) and specify the documents that must contain notarized signatures.

237,354w Section 354w. 109.12 (2) of the statutes is amended to read:

109.12 (2) Not later than March 1 annually, beginning with 1990, submit a written report on its activities in the preceding calendar year related to the enforcement and administration of s. ss. 109.07 and 109.075 to the chief clerk of each house of the legislature for distribution under s. 13.172 (3) to the standing committees with jurisdiction over labor.

237,354x Section 354x. 109.12 (3) of the statutes is amended to read:

109.12 (3) Include, in the report required under sub. (2), the number, type and disposition of all determinations made by the department under s. ss. 109.07 (5) and (6) and 109.075 (5) and (6).

237,354y Section 354y. 111.322 (2m) (a) of the statutes is amended to read:

111.322 (2m) (a) The individual files a complaint or attempts to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.455, 103.50, 104.12, 109.03 or, 109.07 or 109.075 or ss. 101.58 to 101.599 or 103.64 to 103.82.

237,354z Section 354z. 111.322 (2m) (b) of the statutes is amended to read:

111.322 (2m) (b) The individual testifies or assists in any action or proceeding held under or to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.455, 103.50, 104.12, 109.03 or, 109.07 or 109.075 or ss. 101.58 to 101.599 or 103.64 to 103.82.

237,355 Section 355 . 111.70 (1) (fm) of the statutes is created to read:

111.70 (1) (fm) “Fringe benefit savings" means the amount, if any, by which 1.7% of the total compensation and fringe benefit costs for all municipal employes 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 employes' existing fringe benefit costs and to maintain all fringe benefits provided to the municipal employes, as determined under sub. (4) (cm) 8s.

237,356 Section 356 . 111.70 (1) (nc) 1. b. of the statutes is amended to read:

111.70 (1) (nc) 1. b. In any collective bargaining unit in which the municipal employe positions were on August 12, 1993, assigned to salary ranges with steps that determine the levels of progression within each salary range during a 12-month period, a proposal to provide for a salary increase of at least one full step for each 12-month period covered by the proposed collective bargaining agreement, beginning with the expiration date of any previous collective bargaining agreement, for each municipal employe who is eligible for a within range salary increase, unless the increased cost of providing such a salary increase, as determined under sub. (4) (cm) 8s., exceeds 2.1% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit for any 12-month period covered by the proposed collective bargaining agreement plus any fringe benefit savings, or unless the increased cost required to maintain the percentage contribution by the municipal employer to the municipal employes' existing fringe benefit costs and to maintain all fringe benefits provided to the municipal employes, as determined under sub. (4) (cm) 8s., in addition to the increased cost of providing such a salary increase, exceeds 3.8% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit for any 12-month period covered by the proposed collective bargaining agreement, in which case the offer shall include provision for a salary increase for each such municipal employe in an amount at least equivalent to that portion of a step for each such 12-month period that can be funded after the increased cost in excess of 2.1% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit plus any fringe benefit savings is subtracted, or in an amount equivalent to that portion of a step for each such 12-month period that can be funded from the amount that remains, if any, after the increased cost of such maintenance exceeding 1.7% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit for each 12-month period is subtracted on a prorated basis, whichever is the lower amount.

237,357 Section 357 . 111.70 (1) (nc) 1. c. of the statutes is amended to read:

111.70 (1) (nc) 1. c. A proposal to provide for an average salary increase for each 12-month period covered by the proposed collective bargaining agreement, beginning with the expiration date of any previous collective bargaining agreement, for the municipal employes in the collective bargaining unit at least equivalent to an average cost of 2.1% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit for each 12-month period covered by the proposed collective bargaining agreement plus any fringe benefit savings, beginning with the expiration date of any previous collective bargaining agreement, including that percentage required to provide for any step increase and any increase due to a promotion or the attainment of increased professional qualifications, as determined under sub. (4) (cm) 8s., unless the increased cost of providing such a salary increase, as determined under sub. (4) (cm) 8s., exceeds 2.1% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit for any 12-month period covered by the proposed collective bargaining agreement plus any fringe benefit savings, or unless the increased cost required to maintain the percentage contribution by the municipal employer to the municipal employes' existing fringe benefit costs and to maintain all fringe benefits provided to the municipal employes, as determined under sub. (4) (cm) 8s., in addition to the increased cost of providing such a salary increase, exceeds 3.8% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit for any 12-month period covered by the collective bargaining agreement, in which case the offer shall include provision for a salary increase for each such period for the municipal employes covered by the agreement at least equivalent to an average of that percentage, if any, for each such period of the prorated portion of 2.1% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit plus any fringe benefit savings that remains, if any, after the increased cost of such maintenance exceeding 1.7% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit for each 12-month period and the cost of a salary increase of at least one full step for each municipal employe in the collective bargaining unit who is eligible for a within range salary increase for each 12-month period is subtracted from that total cost.

237,357d Section 357d. 111.91 (2) (p) of the statutes is created to read:

111.91 (2) (p) The requirements related to coverage of drugs and devices under s. 632.853.

237,357e Section 357e. 111.91 (2) (q) of the statutes is created to read:

111.91 (2) (q) The requirements related to experimental treatment under s. 632.855.

237,358 Section 358 . 115.31 (title) of the statutes is amended to read:

115.31 (title) License or permit revocation; reports; investigation.

237,359 Section 359 . 115.31 (6m) of the statutes is created to read:

115.31 (6m) The department of public instruction shall, without a hearing, revoke a license or permit granted by the department of public instruction if the department of revenue certifies under s. 73.0301 that the licensee or permit holder is liable for delinquent taxes.

237,360 Section 360 . 115.405 of the statutes is created to read:

115.405 Grant program for peer review and mentoring. (1) A cooperative educational service agency or a consortium consisting of 2 or more school districts or cooperative educational service agencies, or a combination thereof, may apply to the department for a grant to provide technical assistance and training for teachers who are licensed or have been issued a permit under ss. 115.28 (7) and 118.192 to implement peer review and mentoring programs. An applicant for a grant under this section shall submit to the department a plan identifying the school districts and cooperative educational service agencies that will participate in the peer review and mentoring program and describing how the grant funds will be allocated. As a condition of receiving a grant under this section, a cooperative educational service agency or a consortium shall provide matching funds in an amount equal to at least 20% of the amount of the grant awarded. The matching funds may be in the form of money or in-kind services or both.

(2) The department shall award grants from the appropriation under s. 20.255 (2) (fk). The department may not award more than $25,000 to an applicant in a fiscal year.

(3) The department shall promulgate rules to implement and administer this section.

237,361 Section 361 . 115.42 of the statutes is created to read:

115.42 National teacher certification. (1) (a) Subject to par. (b), in the 1999-2000 school year the department shall award a $2,000 grant to any person who satisfies all of the following requirements:

1. The person is certified by the National Board for Professional Teaching Standards before July 1, 2000.

2. The person is licensed as a teacher by the state superintendent or employed as a teacher in a private school located in this state.

3. The person is a resident of this state.

4. The person is employed as a teacher in this state.

(b) The department may award a grant under par. (a) to no more than 20 people.

(2) In the 2000-01 school year and in each of the 7 succeeding school years, the department shall award a $2,500 grant to each person who received a grant under sub. (1) if the person satisfies all of the following requirements:

(a) The person maintains his or her certification by the National Board for Professional Teaching Standards.

(b) The person maintains his or her license as a teacher by the state superintendent or remains employed in a private school located in this state.

(c) The person remains a resident of this state.

(d) The person remains employed as a teacher in this state.

(3) The department may not require, as a condition for renewing a person's teaching license, that the person have earned continuing professional education credits or their equivalent in the 5 years immediately preceding his or her application for renewal if he or she has been initially certified by the National Board for Professional Teaching Standards during those 5 years.

(4) The department shall promulgate rules to implement and administer this section, including rules relating to all of the following:

(a) The application process, including necessary documentation.

(b) The selection process for grant recipients.

(c) The number of times that a teacher may be exempt from continuing professional education requirements under sub. (3).

237,361g Section 361g. 115.76 (10) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 384), is amended to read:

115.76 (10) “Local educational agency", except as otherwise provided, means the school district in which the child with a disability resides, or the department of health and family services if the child with a disability resides in an institution or facility operated by the department of health and family services, or the department of corrections if such department is responsible for providing a free appropriate public education to the child with a disability resides in a Type 1 secured correctional facility, as defined in s. 938.02 (19), or a Type 1 prison, as defined in s. 301.01 (5).

237,361m Section 361m. 115.81 (1) (b) of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 384), is amended to read:

115.81 (1) (b) “Originating Responsible local educational agency" means the local educational agency that was responsible for providing a free, appropriate public education to the child before the placement of the child in a child caring institution except that if the child resided in an institution or facility operated by the department of health and family services, a Type 1 secured correctional facility, as defined in s. 938.02 (19), or a Type 1 prison, as defined in s. 301.01 (5), before the placement of the child in a child caring institution, “responsible local educational agency" means the school district in which the child caring institution is located.

237,361p Section 361p. 115.81 (3) (a) and (b) (intro.) and 2. b. of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 384), are amended to read:

115.81 (3) (a) Whenever a county department recommends to a court that a child be placed in a child caring institution or whenever a state agency anticipates placing a child in a child caring institution, the county department or state agency shall notify the originating responsible local educational agency.

(b) (intro.) For each child identified in a notice under par. (a), the originating responsible local educational agency shall do all of the following:

2. b. If the originating responsible local educational agency has reasonable cause to believe that the child is a child with a disability, appoint an individualized education program team to conduct an evaluation of the child under s. 115.782. The originating responsible local educational agency may include appropriately licensed staff of the child caring institution in the team if that staff is available. The individualized education program team shall conduct the evaluation. If the individualized education program team determines that the child is a child with a disability, the individualized education program team, in consultation with a county department or a state agency, as appropriate, shall develop an individualized education program and an educational placement offer.

237,361r Section 361r. 115.81 (4) (intro.) and (a) (intro.) and 4. of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 384), are amended to read:

115.81 (4) (intro.) Whenever the originating responsible local educational agency offers an educational placement in a child caring institution under sub. (3) (b) 1. or 2. b., all of the following apply:

(a) (intro.) The originating responsible local educational agency shall do all of the following:

4. While the child resides at a child caring institution, after consulting with the child caring institution and a county department or a state agency, as appropriate, refer the child to another local educational agency if the originating responsible local educational agency determines that the child's special education needs may be appropriately served in a less restrictive setting in the other local educational agency.

237,361t Section 361t. 115.81 (4) (b) 2. and 4. of the statutes, as affected by 1997 Wisconsin Act .... (Senate Bill 384), are amended to read: