1999 Wisconsin Act 9

9,2027f Section 2027f. 106.15 (1) (b) of the statutes is amended to read:

106.15 (1) (b) "Dislocated worker" has the meaning established by the department by rule in substantial conformance with 29 USC 1652 (a) given in 29 USC 2801 (9).

9,2027h Section 2027h. 106.15 (1) (c) of the statutes is amended to read:

106.15 (1) (c) "Dislocated worker committee" means the committee or other subunit of the council that deals with the dislocated workers program under 29 USC 1651 to 1662b assists the governor in providing employment and training activities to dislocated workers under 29 USC 2862 to 2864.

9,2027j Section 2027j. 106.15 (1) (d) of the statutes is amended to read:

106.15 (1) (d) "Substate Local plan" means a substate local plan required under 29 USC 1661b (a) 29 USC 2833 as a condition for a grant.

9,2027m Section 2027m. 106.15 (3) (intro.) of the statutes is amended to read:

106.15 (3) Grants. (intro.) From the appropriation under s. 20.445 (1) (bc), (jm), (mb) and (mc), the department shall make grants to persons providing employment and training activities to dislocated workers programs offering training and related employment services including but not limited to the following:

9,2027p Section 2027p. 106.15 (4) of the statutes is amended to read:

106.15 (4) Grant approval. No grant may be awarded The department may award a grant under this section unless only if both of the following occur:

(a) The dislocated workers committee approves the substate local plan or application for funding and refers its decision to the secretary.

(b) After receiving a referral under par. (a), the secretary approves the substate local plan or application for funding.

9,2027r Section 2027r. 106.15 (5) (intro.) of the statutes is amended to read:

106.15 (5) Substate Local plan or application review. (intro.) In reviewing substate local plans and applications for funding under this section, the dislocated workers committee and the secretary shall consider all of the following:

9,2027t Section 2027t. 106.15 (6) of the statutes is amended to read:

106.15 (6) Rule making. The department shall adopt promulgate rules to administer this section. The rules shall address eligible applicants and program providers, application requirements, criteria and procedures for awarding grants, reporting and auditing procedures and administrative operations.

9,2027v Section 2027v. 106.15 (7) of the statutes is amended to read:

106.15 (7) Funding. From the amounts appropriated under s. 20.445 (1) (ma), (mb) and (mc), all moneys received under 29 USC 1651 to 1661c 29 USC 2862 to 2864 shall be expended to fund grants and operations under this section.

9,2027x Section 2027x. 106.16 (2) of the statutes is amended to read:

106.16 (2) Any company that receives a loan or grant from a state agency or an authority under ch. 231 or 234 shall notify the department and the area private industry council under the job training partnership act, 29 USC 1501 to 1798 local workforce development board established under 29 USC 2832, of any position in the company that is related to the project for which the grant or loan is received to be filled in this state within one year after receipt of the loan or grant. The company shall provide this notice at least 2 weeks prior to advertising the position.

9,2028 Section 2028. 106.18 of the statutes is repealed.

9,2029c Section 2029c. 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 $2,600 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.

9,2029g Section 2029g. 106.215 (10) (g) 1m. of the statutes is created to read:

106.215 (10) (g) 1m. In lieu of the incentive payment under subd. 1., a person who is employed as a corps enrollee for at least a 6-month period of continuous employment, as determined by standards adopted by the board, and who receives a satisfactory employment evaluation is entitled to an education voucher that is worth at least double the monetary value of the prorated incentive payment under subd. 1., but not more than $2,800 prorated in the same proportion as the number of hours of employment completed by that person bears to 2,080 hours.

9,2029n Section 2029n. 106.215 (10) (g) 2. of the statutes is amended to read:

106.215 (10) (g) 2. The board may authorize a partial incentive payment or education voucher to a person who is employed as a corps enrollee and who receives a satisfactory employment evaluation upon termination of employment if the person is employed as a corps enrollee for less than a one-year period of continuous employment and the board determines that employment was terminated because of special circumstances beyond the control of the corps enrollee or if the person is employed as a corps enrollee for at least 10 months but less than a one-year period of continuous employment and the board determines that employment was terminated in order to enable the person to attend an institution of higher education, technical college or other training program or to enable the person to obtain other employment.

9,2029r Section 2029r. 106.215 (10) (g) 2m. of the statutes is created to read:

106.215 (10) (g) 2m. In lieu of a partial incentive payment under subd. 2, the board may authorize a partial education voucher to a person who is employed as a corps enrollee and who receives a satisfactory employment evaluation upon termination of employment if the person is employed as a corps enrollee for less than a 6-month period of continuous employment and the board determines that employment was terminated because of special circumstances beyond the control of the corps enrollee.

9,2029w Section 2029w. 106.215 (10) (g) 4. of the statutes is created to read:

106.215 (10) (g) 4. No corps enrollee may receive more than 2 incentive payments or 4 education vouchers under this paragraph.

9,2029x Section 2029x. 108.04 (16) (c) of the statutes is amended to read:

108.04 (16) (c) Benefits may not be denied to an otherwise eligible individual under par. (a) who is enrolled in a program under the plan of any state for training for dislocated workers under 29 USC 1661 29 USC 2822, notwithstanding the failure of such training to meet any of the requirements of par. (a) 1. to 4.

9,2029y Section 2029y. 108.07 (8) (b) of the statutes is amended to read:

108.07 (8) (b) If a claimant is a prisoner of a state prison, as defined in s. 302.01, and has employment with an employer other than the department of corrections or a private business leasing space within a state prison under s. 303.01 (2) (em), and the claimant's employment terminates because conditions of incarceration or supervision make it impossible to continue the employment, the department shall charge to the fund's balancing account any benefits based on the terminated employment that are otherwise chargeable to the account of an employer that is subject to the contribution requirements under ss. 108.17 and 108.18.

9,2030m Section 2030m. 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 employes as to alleged wage claims. The department may receive and investigate any wage claim which 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 employe during the period commencing 2 years before the date the claim is filed. The department shall enforce this chapter and ss. 20.924 (1) (j) 3., 66.293, 103.02, 103.49, 103.82 and 104.12. In pursuance of this duty, the department may sue the employer on behalf of the employe 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) for the operation of the office of the district attorney who prosecuted the action.

9,2030t Section 2030t. 109.09 (2) (c) of the statutes is amended to read:

109.09 (2) (c) A lien 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 of a financial institution, as defined in s. 69.30 (1) (b), that originates before the lien under par. (a) takes effect or a lien under s. 292.31 (8) (i) or 292.81, and. A lien under par. (a) may be enforced in the manner provided in ss. 779.09 to 779.12, 779.20 and 779.21, insofar as 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.

9,2031 Section 2031. 110.07 (1) (a) (intro.) of the statutes is amended to read:

110.07 (1) (a) (intro.) The secretary shall employ not to exceed 385 more than 399 traffic officers. Such The state traffic patrol consists of the traffic officers, in addition to the person designated to head them whose position shall be in the classified service, shall constitute the and, if certified under s. 165.85 (4) (b) 1. as qualified to be a law enforcement officer, the division administrator who is counted under s. 230.08 (2) (e) 12. and whose duties include supervising the state traffic patrol. The division administrator may not be counted under this paragraph. Members of the state traffic patrol, and shall:

9,2032 Section 2032. 110.07 (6) of the statutes is created to read:

110.07 (6) The division administrator who is counted under s. 230.08 (2) (e) 12. and whose duties include supervising the state traffic patrol shall be designated superintendent of the state traffic patrol, if he or she is certified under s. 165.85 (4) (b) 1. as qualified to be a law enforcement officer.

9,2033m Section 2033m. 111.322 (2m) (c) of the statutes is amended to read:

111.322 (2m) (c) The individual files a complaint or attempts to enforce a right under s. 20.924 (1) (j) 3., 66.293 or 103.49 or testifies or assists in any action or proceeding under s. 20.924 (1) (j) 3., 66.293 or 103.49.

9,2033p Section 2033p. 111.35 (2) (d) of the statutes is amended to read:

111.35 (2) (d) Constitutes a violation of s. 938.983 254.92 (2).

9,2033r Section 2033r. 111.70 (1) (dm) of the statutes is amended to read:

111.70 (1) (dm) "Economic issue" means any issue that creates a new or increased financial liability upon the municipal employer, including salaries, overtime pay, sick leave, payments in lieu of sick leave usage, vacations, clothing allowances in excess of the actual cost of clothing, length-of-service credit, continuing education credit, shift premium pay, longevity pay, extra duty pay, performance bonuses, health insurance, life insurance, dental insurance, disability insurance, vision insurance, long-term care insurance, worker's compensation and unemployment insurance, social security benefits, vacation pay, holiday pay, lead worker pay, temporary assignment pay, retirement contributions, supplemental retirement benefits, severance or other separation pay, hazardous duty pay, certification or license payment, job security provisions, limitations on layoffs that create a new or increased financial liability on the employer and contracting or subcontracting of work that would otherwise be performed by municipal employes in the collective bargaining unit with which there is a labor dispute.

9,2034 Section 2034. 111.70 (1) (j) of the statutes is amended to read:

111.70 (1) (j) "Municipal employer" means any city, county, village, town, metropolitan sewerage district, school district, family care district or any other political subdivision of the state which that engages the services of an employe and includes any person acting on behalf of a municipal employer within the scope of the person's authority, express or implied.

9,2035m Section 2035m. 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.

9,2036m Section 2036m. 111.70 (4) (cm) 5s. of the statutes is amended to read:

111.70 (4) (cm) 5s. `Issues subject to arbitration.' In a collective bargaining unit consisting of school district professional employes, the municipal employer or the labor organization may petition the commission to determine whether the municipal employer has submitted a qualified economic offer. The commission shall appoint an investigator for that purpose. If the investigator finds that the municipal employer has submitted a qualified economic offer, the investigator shall determine whether a deadlock exists between the parties with respect to all economic issues. If the municipal employer submits a qualified economic offer applicable to any period beginning on or after July 1, 1993, no economic issues are subject to interest arbitration under subd. 6. for that period, except that only the impact of contracting out or subcontracting work that would otherwise be performed by municipal employes in the collective bargaining unit is subject to interest arbitration under subd. 6. In such a collective bargaining unit, economic issues concerning the wages, hours or conditions of employment of the school district professional employes in the unit for any period prior to July 1, 1993, are subject to interest arbitration under subd. 6. for that period. In such a collective bargaining unit, noneconomic issues applicable to any period on or after July 1, 1993, are subject to interest arbitration after the parties have reached agreement and stipulate to agreement on all economic issues concerning the wages, hours or conditions of employment of the school district professional employes in the unit for that period. In such a collective bargaining unit, if the commission's investigator finds that the municipal employer has submitted a qualified economic offer and that a deadlock exists between the parties with respect to all economic issues, the municipal employer may implement the qualified economic offer. On the 90th day prior to expiration of the period included within the qualified economic offer, if no agreement exists on that day, the parties are deemed to have stipulated to the inclusion in a new or revised collective bargaining agreement of all provisions of any predecessor collective bargaining agreement concerning economic issues, or of all provisions of any existing collective bargaining agreement concerning economic issues if the parties have reopened negotiations under an existing agreement, as modified by the terms of the qualified economic offer and as otherwise modified by the parties. In such a collective bargaining unit, on and after that 90th day, a municipal employer that refuses to bargain collectively with respect to the terms of that stipulation, applicable to the 90-day period prior to expiration of the period included within the qualified economic offer, does not violate sub. (3) (a) 4. Any such unilateral implementation after August 11, 1993, during the 90-day period prior to expiration of the period included within a qualified economic offer, operates as a full, final and complete settlement of all economic issues between the parties for the period included within the qualified economic offer. The failure of a labor organization to recognize the validity of such a lawful qualified economic offer does not affect the obligation of the municipal employer to submit economic issues to arbitration under subd. 6.

9,2037c Section 2037c. 111.91 (2) (r) of the statutes is created to read:

111.91 (2) (r) The requirements under s. 609.10 related to offering a point-of-service option plan.

9,2039 Section 2039. 114.20 (11) of the statutes is amended to read:

114.20 (11) Issuance of certificate of registration; display of certificate; refunds. Upon payment of a registration fee or transfer of registration fee, the department shall issue evidence of registration which shall be displayed at all times in the manner prescribed by the department. A refund may be made for aircraft registration fees paid in error as determined by the department. Refunds under this section shall be paid out of the appropriation under s. 20.395 (4) (aq).

9,2039g Section 2039g. 114.31 (3) of the statutes is renumbered 114.31 (3) (a).

9,2039h Section 2039h. 114.31 (3) (b) of the statutes is created to read:

114.31 (3) (b) From the appropriation under s. 20.395 (2) (ds), the department shall administer an aviation career education program to provide training and apprenticeship opportunities associated with aviation careers for socially and economically disadvantaged youth.

9,2040 Section 2040. 115.28 (24) of the statutes is amended to read:

115.28 (24) Priority in awarding grants. Give priority in awarding grants to local community organizations under sub. (21) and to school boards under ss. 115.36 and 115.362 115.361, and in awarding grants from federal funds received under 20 USC 2301 to 2471, 20 USC 4601 to 4665 and 29 USC 1602 (b) (1), to programs that provide more than one of the educational services specified under sub. (21), s. 115.36, 115.362 115.361, 115.915, 118.01 (2) (d) 7. or 8. or 118.153 or 20 USC 2301 to 2471, 20 USC 4601 to 4665 or 29 USC 1602 (b) (1).

9,2040d Section 2040d. 115.28 (24) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

115.28 (24) Priority in awarding grants. Give priority in awarding grants to local community organizations under sub. (21) and to school boards under ss. 115.36 and 115.361, and in awarding grants from federal funds received under 20 USC 2301 to 2471, 20 USC 4601 to 4665 and 29 USC 1602 (b) (1) 29 USC 2862 (b) (1) (B), to programs that provide more than one of the educational services specified under sub. (21), s. 115.36, 115.361, 115.915, 118.01 (2) (d) 7. or 8. or 118.153 or 20 USC 2301 to 2471, 20 USC 4601 to 4665 or 29 USC 1602 (b) (1) 29 USC 2862 (b) (1) (B).

9,2041 Section 2041. 115.28 (25) of the statutes is created to read:

115.28 (25) School technology resource grants. Consult with the technology for educational achievement in Wisconsin board before awarding school technology resource grants under 20 USC 6842.

9,2041m Section 2041m. 115.28 (26) of the statutes is created to read:

115.28 (26) Periodical and reference information data bases. Contract with one or more persons to provide statewide access, through the Internet, to periodical and reference information data bases.

9,2042 Section 2042. 115.28 (39) of the statutes is amended to read:

115.28 (39) Alcohol and other drug abuse report. By July 1, 1998, and biennially by July 1 thereafter, evaluate the effectiveness of the programs under ss. 115.36, and 115.361 and 115.362 and submit a report to the legislature under s. 13.172 (2). To satisfy this reporting requirement as it pertains to s. 115.361, the department may incorporate into the report under this subsection the report required under s. 115.361 (7) (c) (2).

9,2042e Section 2042e. 115.28 (42) of the statutes is created to read:

115.28 (42) Foreign language instruction grants. Beginning in the 2000-01 fiscal year, award at least one grant in each fiscal year, on a competitive basis, to a school board or board of control of a cooperative educational service agency for the development and implementation of a foreign language instruction program in a public school in grades kindergarten to 6. The department shall award the grants from the appropriation under s. 20.255 (2) (fL). The department shall promulgate rules to implement and administer this subsection.

9,2042g Section 2042g. 115.28 (43) of the statutes is created to read:

115.28 (43) School safety funding. With the department of justice, seek and apply for federal funds relating to school safety and reducing violence and disruption in schools, including funds for alternative schools or programs. Each department shall make a report by January 1, 2001, and January 1, 2003, of its progress in applying for and obtaining funds under this subsection. The report shall be provided to the legislature in the manner provided under s. 13.172 (2) to the cochairpersons of the joint committee on finance and to the governor.

9,2042m Section 2042m. 115.28 (44) of the statutes is created to read:

115.28 (44) Direct instruction program. From the appropriation under s. 20.255 (1) (me), award a grant of $ 280,000 annually in the 1999-2000, 2000-01, 2001-02 and 2002-03 fiscal years to the University of Wisconsin-Milwaukee to conduct a direct instruction pilot program. The purpose of the program shall be to determine the efficiency of direct instruction in improving the ability of children to read. By August 1 of 2000, 2001, 2002 and 2003, the University of Wisconsin-Milwaukee shall submit a report to the appropriate standing committees of the legislature under s. 13.172, and to the state superintendent, that describes the findings and conclusions of the study.

9,2042n Section 2042n. 115.31 (1) (b) of the statutes is amended to read:

115.31 (1) (b) "Educational agency" means a school district, cooperative educational service agency, state correctional institution under s. 302.01, secured correctional facility, as defined in s. 938.02 (15m), secured child caring institution, as defined in s. 938.02 (15g), the Wisconsin school for the visually handicapped Wisconsin Center for the Blind and Visually Impaired, the Wisconsin school School for the deaf Deaf, the Mendota mental health institute, the Winnebago mental health institute, a state center for the developmentally disabled, a private school or a private, nonprofit, nonsectarian agency under contract with a school board under s. 118.153 (3) (c).

9,2042s Section 2042s. 115.341 of the statutes is repealed and recreated to read:

115.341 School breakfast program. (1) From the appropriation under s. 20.255 (2) (cm), the state superintendent shall reimburse each school board 10 cents for each breakfast served at a school that meets the requirements of 7 CFR 220.8 or 220.8a, whichever is applicable, and shall reimburse each governing body of a private school 10 cents for each breakfast served at the private school that meets the requirements of 7 CFR 220.8 or 220.8a, whichever is applicable.

(2) If the appropriation under s. 20.255 (2) (cm) in any fiscal year is insufficient to pay the full amount of aid under this section, the state superintendent shall prorate state aid payments among the school boards and governing bodies of private schools entitled to the aid.

9,2043 Section 2043. 115.355 of the statutes is amended to read:

115.355 Assistance to schools for instruction on adoption. The department shall annually and upon request disseminate to appropriate public school staff information about materials and services available through the state adoption center under s. 48.551 48.55 which may serve as resources for instruction on adoption for pupils in grades kindergarten through 12.

9,2044 Section 2044. 115.36 (3) (a) (intro.) of the statutes is amended to read:

115.36 (3) (a) (intro.) The department shall, from the appropriation under s. 20.255 (2) (g) (kd), fund school district projects designed to assist minors experiencing problems resulting from the use of alcohol or other drugs or to prevent alcohol or other drug abuse by minors. The department shall:

9,2045 Section 2045. 115.361 of the statutes is repealed and recreated to read:

115.361 Alcohol and other drug abuse prevention and intervention programs. (1) A school board may apply to the department for a grant to fund an alcohol and other drug abuse prevention and intervention program. The department shall pay grants awarded under this section from the appropriation under s. 20.255 (2) (dm) and shall promulgate rules to implement and administer this section.