1997 Wisconsin Act 27

27,2671d Section 2671d. 106.12 of the statutes is amended to read:

106.12 (title) Division of workforce excellence connecting education and work. Based on the recommendations of the governor's council on workforce excellence, the division of workforce excellence connecting education and work shall plan, coordinate, administer and implement the department's workforce excellence initiatives, programs, policies and funding, the youth apprenticeship and school-to-work programs under s. 106.13 and such other employment and education programs as the governor may by executive order assign to the division. Notwithstanding any limitations placed on the use of state employment and education funds under this section or s. 106.13, 106.14, 106.15, 106.20 or 106.21 or under an executive order assigning an employment and education program to the division, the secretary may issue a general or special order waiving any of those limitations on finding that the waiver will promote the coordination of employment and education services.

27,2675 Section 2675 . 106.13 (2m) of the statutes is amended to read:

106.13 (2m) After reviewing the recommendations of the governor's council on workforce excellence under s. 106.115 (2) (e), the department shall approve occupations and maintain a list of approved occupations for the youth apprenticeship program and shall approve statewide skill standards for the school-to-work program. From the appropriation under s. 20.445 (1) (ev), the department shall contract for the development of develop curricula for youth apprenticeship programs for occupations approved under this subsection.

27,2676 Section 2676 . 106.13 (4) (b) of the statutes is amended to read:

106.13 (4) (b) From the appropriation under s. 20.445 (1) (em), the department may award grants a grant to a public agencies and agency or a nonprofit organizations that are organization, or to an employer that is responsible for the on-the-job training and supervision of a youth apprentice. A public agency or non-profit organization that receives a grant under this subsection shall use the funds awarded under the grant to award training grants to employers who that provide on-the-job training and supervision for youth apprentices. A Subject to par. (c), a training grant provided under this subsection may not exceed 50% of the youth apprentice's hourly wage or $4 per hour, whichever is less. An employer may receive training grant funds for not more than 500 hours of work per youth apprentice in any school year, as defined in s. 115.001 (13) be awarded to an employer for each youth apprentice who receives at least 180 hours of paid on-the-job training from the employer during a school year, as defined in s. 115.001 (13). The amount of a training grant may not exceed $500 per youth apprentice per school year. A training grant may not be awarded for any specific youth apprentice for more than 2 school years.

27,2676d Section 2676d. 106.13 (4) (c) of the statutes is created to read:

106.13 (4) (c) Notwithstanding par. (b), the department may award a training grant under this subsection to an employer that provides less than 180 hours of paid on-the-job training for a youth apprentice during a school year, as defined in s. 115.001 (13), if the department determines that it would be beneficial for the youth apprentice to receive on-the-job training from more than one employer.

27,2678 Section 2678 . 106.14 (1) of the statutes, as affected by 1995 Wisconsin Act 27, section 3770m, is amended to read:

106.14 (1) The department may award grants to nonprofit corporations and public agencies for the provision of career counseling centers throughout the state. From the appropriation under s. 20.445 (1) (gd), the department shall allocate $600,000 in fiscal year 1997-98 and $300,000 in fiscal year 1998-99 for the payment of those grants.

27,2679 Section 2679 . 106.14 (1) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

106.14 (1) The department may award grants to nonprofit corporations and public agencies for the provision of career counseling centers throughout the state.

27,2680m Section 2680m. 106.215 (7) (c) of the statutes is created to read:

106.215 (7) (c) Conservation fund appropriation. Notwithstanding par. (a), moneys appropriated under s. 20.445 (6) (u) that are not derived from the forestation state tax under s. 70.58 may be utilized for any project approved by the board regardless of whether the project consists in whole or in part of conservation activities.

27,2681m Section 2681m. 106.215 (10) (c) of the statutes is amended to read:

106.215 (10) (c) Wages. Corps members shall be paid at the prevailing federal minimum wage or the applicable state minimum wage established under ch. 104, whichever is greater. Assistant crew leaders, crew leaders and regional crew leaders may be paid more than the prevailing federal minimum wage or applicable state minimum wage but may not be paid more than twice the hourly wage of a corps member. The board may waive the wage limitation of a regional crew leader. Corps enrollees shall receive their pay for the previous pay period on the last working day of the current pay period.

27,2681r Section 2681r. 106.215 (10) (cm) of the statutes is repealed.

27,2682 Section 2682 . 106.215 (10) (d) of the statutes is amended to read:

106.215 (10) (d) Unemployment compensation. A corps enrollee member or assistant crew leader is not eligible for unemployment compensation benefits by virtue of his or her employment in the Wisconsin conservation corps program. To the extent permitted by federal law, the Wisconsin conservation corps program shall be considered a work-relief and working-training program for the purpose of determining eligibility for benefits under s. 108.02 (15) (g) 1.

27,2683 Section 2683 . 106.215 (10) (g) 1. of the statutes is amended to read:

106.215 (10) (g) 1. A person who is employed as a corps enrollee for a 6-month to one-year period of continuous employment, as determined by standards adopted by the board, and who receives a satisfactory employment evaluation upon termination of employment is entitled to an incentive payment of $500 prorated in the same proportion as the number of hours of employment completed by that person bears to 2,080 hours or an education voucher that is worth at least double the monetary value of the prorated incentive payment, but not more than $2,400 $2,600 prorated in the same proportion as the number of hours of employment completed by that person bears to 2,080 hours. No corps enrollee may receive more than 2 incentive payments or 4 education vouchers.

27,2684m Section 2684m. 106.26 (2) (d) of the statutes is amended to read:

106.26 (2) (d) “Project" means a project designed to improve access to jobs, including part-time jobs and Wisconsin works employment positions, as defined in s. 49.141 (1) (r), located in outlying suburban and sparsely populated and developed areas that are not adequately served by a mass transit system and to develop innovative transit service methods.

27,2684n Section 2684n. 106.26 (3) (c) 2. of the statutes is amended to read:

106.26 (3) (c) 2. A grant may only be made to an eligible applicant that provides access to nontemporary employment or to Wisconsin works employment positions, as defined in s. 49.141 (1) (r).

27,2685 Section 2685 . 107.31 (5) (a) 1. of the statutes is amended to read:

107.31 (5) (a) 1. Four percent of all moneys distributed under s. 70.395 (1), 1995 stats., and under s. 70.395 (1e) beginning on May 22, 1980; and

27,2686 Section 2686 . 108.02 (15) (gm) of the statutes is created to read:

108.02 (15) (gm) “Employment" as applied to work for the Wisconsin conservation corps board, does not include service as a corps member or assistant crew leader.

27,2688 Section 2688 . 108.20 (2m) of the statutes is amended to read:

108.20 (2m) From the moneys not appropriated under s. 20.445 (1) (ge) and (gf) which are received by the administrative account as interest and penalties under this chapter, the department shall pay the benefits chargeable to the administrative account under s. 108.07 (5) and the interest payable to employers under s. 108.17 (3m) and may pay interest due on advances to the unemployment reserve fund from the federal unemployment account under title XII of the social security act, 42 USC 1321 to 1324, may make payments to satisfy a federal audit exception concerning a payment from the fund or any federal aid disallowance involving the unemployment compensation program, or may make payments to the fund if such action is necessary to obtain a lower interest rate or deferral of interest payments on advances from the federal unemployment account under title XII of the social security act or may provide career counseling center grants under s. 106.14, except that any interest earned pending disbursement of federal employment security grants under s. 20.445 (1) (n) shall be credited to the general fund. Any moneys reverting to the administrative account from the appropriations under s. 20.445 (1) (ge) and (gf) shall be utilized as provided in this subsection.

27,2689 Section 2689 . 108.20 (2m) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

108.20 (2m) From the moneys not appropriated under s. 20.445 (1) (ge) and (gf) which are received by the administrative account as interest and penalties under this chapter, the department shall pay the benefits chargeable to the administrative account under s. 108.07 (5) and the interest payable to employers under s. 108.17 (3m) and may pay interest due on advances to the unemployment reserve fund from the federal unemployment account under title XII of the social security act, 42 USC 1321 to 1324, may make payments to satisfy a federal audit exception concerning a payment from the fund or any federal aid disallowance involving the unemployment compensation program, or may make payments to the fund if such action is necessary to obtain a lower interest rate or deferral of interest payments on advances from the federal unemployment account under title XII of the social security act, except that any interest earned pending disbursement of federal employment security grants under s. 20.445 (1) (n) shall be credited to the general fund. Any moneys reverting to the administrative account from the appropriations under s. 20.445 (1) (ge) and (gf) shall be utilized as provided in this subsection.

27,2690 Section 2690 . 109.09 (2) of the statutes is amended to read:

109.09 (2) The department, 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. A lien under this subsection takes effect when the department or employe files a verified petition claiming 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 department or employe must file the petition within 2 years after the date that the wages were due. The petition 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 claims a lien on that property. The lien shall take precedence over all other debts, judgments, decrees, liens or mortgages against the employer, except a lien under s. 292.31 (8) (i), 292.41 (6) (d) 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 provisions are applicable. The lien ceases to exist if the department 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.

27,2691 Section 2691 . 110.065 of the statutes is amended to read:

110.065 Traffic academy. The secretary may establish and operate an academy for the training of state, county and local traffic patrol officers and other related personnel and make rules and regulations for the conduct thereof. The secretary shall establish and periodically revise a reasonable scale of tuition charges. The tuition for personnel other than employes of the department shall be paid by their respective departments or governing bodies and shall be deposited in the transportation fund appropriation account under s. 20.395 (5) (dh). The secretary shall consult appropriate state, county and local authorities concerning the establishment and operation of the academy and the determination of tuition charges. State agencies shall cooperate with the secretary in providing information and instructional services for the academy.

27,2691g Section 2691g. 110.20 (1) (ar) of the statutes is created to read:

110.20 (1) (ar) “Fleet vehicle" means a common motor carrier, as defined in s. 194.01 (1), contract motor carrier, as defined in s. 194.01 (2), or private motor carrier, as defined in s. 194.01 (11), registered in the name of a person whose name 3 or more such vehicles are registered.

27,2691m Section 2691m. 110.20 (9) (k) of the statutes is created to read:

110.20 (9) (k) Prescribe a procedure for the testing of stationary fleet vehicles, using equipment brought to the fleet vehicles for testing purposes, to determine the vehicles' compliance with the emissions limitations promulgated under s. 285.30.

27,2691mm Section 2691mm. 110.99 of the statutes is repealed.

27,2692tc Section 2692tc. 111.70 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 289, is amended to read:

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 employes 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 employe to perform law enforcement and fire fighting services under s. 61.66, except as provided in sub. (4) (m) and (n) 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 employes 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 employes 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 employes by the constitutions of this state and of the United States and by this subchapter.

27,2692tce Section 2692tce. 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.

27,2692tcm Section 2692tcm. 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.

27,2692tcr Section 2692tcr. 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.

27,2692tm Section 2692tm. 111.70 (4) (n) of the statutes, as created by 1995 Wisconsin Act 289, is repealed.

27,2692tp Section 2692tp. 111.91 (2) (k) of the statutes, as created by 1995 Wisconsin Act 289, is amended to read:

111.91 (2) (k) Compliance with the health benefit plan requirements under ss. 632.745 (1) to (3) and (5) and 632.746 (1) to (8) and (10), 632.747 and 632.748.

27,2693mm Section 2693mm. 111.91 (2) (Lm) of the statutes is created to read:

111.91 (2) (Lm) Any reduction in fringe benefits provided by a county having a population of 500,000 or more to assistant district attorneys, who are granted creditable service under s. 40.02 (17) (gm), to compensate for the reduction in the state's reimbursement of the employer's cost for fringe benefits under s. 978.12 (6) (b).

27,2693p Section 2693p. 111.91 (2) (n) of the statutes is created to read:

111.91 (2) (n) The provision to employes of the health insurance coverage required under s. 632.895 (11) to (13).

27,2694 Section 2694 . Chapter 115 (title) of the statutes is amended to read:

CHAPTER 115

DEPARTMENT OF EDUCATION state
superintendent; GENERAL
CLASSIFICATIONS AND DEFINITIONS;
HANDICAPPED CHILDREN

27,2695 Section 2695 . 115.001 (1) of the statutes is amended to read:

115.001 (1) Charter school. “Charter school" means a school under contract with a school board under s. 118.40 or with one of the entities under s. 118.40 (2r) (b), or a school established and operated by one of the entities under s. 118.40 (2r) (b).

27,2695g Section 2695g. 115.001 (2) of the statutes is amended to read:

115.001 (2) Department. “Department" means the department of education public instruction.

27,2695r Section 2695r. 115.001 (3r) of the statutes is amended to read:

115.001 (3r) Private school. “Private school" means an institution with a private educational program that meets all of the criteria under s. 118.165 (1) or is determined to be a private school by the department state superintendent under s. 118.167.

27,2696 Section 2696 . 115.001 (13m) of the statutes is repealed.

27,2697 Section 2697 . Subchapter II (title) of chapter 115 [precedes 115.28] of the statutes is repealed and recreated to read:

Chapter 115

Subchapter II

State superintendent of
public instruction

27,2697m Section 2697m. 115.28 (intro.) of the statutes is amended to read:

115.28 General duties. (intro.) The department state superintendent shall:

27,2698 Section 2698 . 115.28 (3m) of the statutes is repealed and recreated to read:

115.28 (3m) Supervision of cooperative educational service agencies; rules. (a) Supervise and audit the receipts and expenditures of the cooperative educational service agencies, conduct program review of the agencies, approve agency evaluations, supervise boundary reorganization where necessary, advise the administrators of the agencies and provide assistance in organizing the agencies throughout the state.

(b) Promulgate rules establishing procedures for the reorganization of cooperative educational service agencies and boundary appeals.

(c) Every 3rd year as scheduled by the department, report to the appropriate standing committees of the legislature under s. 13.172 (3) on all cooperative educational service agency programs and services. The report shall include information on the efficiency and effectiveness of the programs and services.

27,2698m Section 2698m. 115.28 (5) of the statutes is amended to read:

115.28 (5) Appeals. Examine and determine all appeals which by law are made to the department state superintendent and prescribe rules of practice in respect thereto, not inconsistent with law.

27,2699 Section 2699 . 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), 118.192 and 118.195, prescribe by rule standards and procedures for the approval of teacher preparatory programs leading to licensure, file in the secretary's state superintendent's office all papers relating to state teachers' licenses and register each such license.

27,2699g Section 2699g. 115.28 (7) (b) of the statutes is amended to read:

115.28 (7) (b) Subject to the same rules and laws concerning qualifications of applicants and granting and revocation of licenses or certificates under par. (a), the department state superintendent shall grant certificates and licenses to teachers in private schools, except that teaching experience requirements for such certificates and licenses may be fulfilled by teaching experience in either public or private schools. An applicant is not eligible for a license or certificate unless the department state superintendent finds that the private school in which the applicant taught offered an adequate educational program during the period of the applicant's teaching therein. Private schools are not obligated to employ only licensed or certified teachers.

27,2699r Section 2699r. 115.28 (7) (e) 2. of the statutes is amended to read:

115.28 (7) (e) 2. Promulgate rules establishing requirements for licensure as an alternative education program teacher and for the approval of teacher education programs leading to licensure as an alternative education program teacher. The rules shall encompass the teaching of multiple subjects or grade levels or both, as determined by the department state superintendent. The rules may require teacher education programs to grant credit towards licensure as an alternative education program teacher for relevant experience or demonstrated proficiency in relevant skills and knowledge.

27,2700 Section 2700 . 115.28 (7m) of the statutes is amended to read:

115.28 (7m) Certification of school nurses. Certify school nurses, make rules for the examination and certification of school nurses and file in the secretary's state superintendent's office all papers relating to school nurses certification and register each such certification.

27,2701m Section 2701m. 115.28 (9) of the statutes is amended to read:

115.28 (9) Federal aids. Accept federal funds for any function over which the department state superintendent has jurisdiction and act as the agent for the receipt and disbursement of such funds.