AB150-SA116,42,1616
84.078
(1) (bc) "Operator" has the meaning given in s. 144.442 (9) (a) 1.
AB150-SA116,42,1818
84.078
(1) (be) "Owner" has the meaning given in s. 144.442 (9) (a) 2.
AB150-SA116,42,2320
84.078
(1) (bg) "Person" means an individual, owner, operator, corporation,
21limited liability company, partnership, association, municipality, interstate agency,
22state agency or an officer or agent of a state agency, federal agency, department or
23instrumentality.".
AB150-SA116,43,3
2"(d) 1. Except as provided in subd. 3., no state agency may commence an action
3or proceeding under federal".
AB150-SA116,43,12
8"3. If the department of transportation is named as a defendant or a respondent
9in an action or proceeding under federal law to require remedial action, or to recover
10the costs of remedying environmental pollution, related to the use of high-volume
11industrial waste in a highway improvement that satisfies the requirements under
12par. (a), the department of transportation may do any of the following:
AB150-SA116,43,1513
a. Commence an action or proceeding under federal or state law to require
14remedial action, or to recover the costs of remedying environmental pollution,
15related to the use of high-volume industrial waste in that highway improvement.
AB150-SA116,43,1817
b. Commence an action or proceeding to enforce any stipulation, agreement or
18judgment resulting from an action or proceeding described in this subdivision.".
AB150-SA116,44,5
5"
Section 3753m. 103.49 (2) of the statutes is amended to read:
AB150-SA116,45,76
103.49
(2) Any contract hereafter made for the erection, construction,
7remodeling or repairing of any public building or for any other project of public
8works, except contracts for the construction or maintenance of public highways and
9bridges, to which the state, any department thereof
or
, any public building
10corporation
or the University of Wisconsin Hospitals and Clinics Authority is a party
11shall contain a stipulation that no laborer, workman or mechanic employed directly
12upon the site of the work by the contractor or by any subcontractor, agent or other
13person, doing or contracting to do all or a part of the work, shall be permitted to work
14a greater number of hours per day or per calendar week than the prevailing hours
15of labor determined pursuant to this section, except that any such laborer, workman
16or mechanic may be permitted or required to work more than such prevailing number
17of hours per day and per calendar week if he is paid for all hours in excess of the
18prevailing hours at a rate of at least 1-1/2 times his hourly basic rate of pay; nor shall
19he be paid less than the prevailing wage rate in the same or most similar trade or
20occupation in the area wherein such public building or project of public works is
21situated; nor shall this section apply to wage rates and hours of employment of
22laborers, workmen or mechanics engaged in the processing or manufacture of
23materials or products or to the delivery thereof by or for commercial establishments
24which have a fixed place of business from which they regularly supply such processed
1or manufactured materials or products; except that this section shall apply to
2laborers, workmen or mechanics who deliver mineral aggregate such as sand, gravel
3or stone which is incorporated into the work under the contract by depositing the
4material substantially in place, directly or through spreaders, from the transporting
5vehicle. The prevailing wage rates, prevailing hours of labor, and hourly basic rates
6of pay determined pursuant to this section shall be set forth specifically in the
7contract.
AB150-SA116,45,229
103.49
(4) Any officer or employe of the state
or of the University of Wisconsin
10Hospitals and Clinics Authority who publishes any specifications or executes any
11contract for the erection, construction, remodeling or repairing of any public building
12or of any other project of public works as defined in sub. (2), to which the state, any
13department thereof
or, any public building corporation
or the University of
14Wisconsin Hospitals and Clinics Authority is a party without complying with this
15section and any contractor, subcontractor or agent thereof who, after executing a
16contract in compliance with this section, pays to any laborer, workman or mechanic
17employed directly upon the site of the work in his or their employ a lesser wage for
18work done under such contract than the prevailing wage rate as set forth in the
19contract shall be fined not more than $200, or imprisoned for not more than 6 months,
20or both. Such agent or subcontractor shall furnish to the contractor evidence of
21compliance with this section. Each day any violation of this subsection continues
22shall be deemed a separate offense.
AB150-SA116,46,1424
103.49
(7) (a) Except as provided under pars. (b) and (c), the department shall
25distribute to all state agencies, as defined in s. 20.001 (1),
and to the University of
1Wisconsin Hospitals and Clinics Authority a list of persons whom the department
2has found to have failed to pay the prevailing wage rate determined under sub. (1)
3or to have paid less than 1.5 times the hourly basic rate of pay for hours worked on
4a project in excess of the prevailing hours determined under sub. (1) at any time in
5the preceding 3 years. The department shall include with any such name the address
6of such person and shall specify when and how such person has failed to pay the
7prevailing wage rate determined under this subsection and when and how such
8person has failed to pay less than 1.5 times the hourly basic rate of pay for hours
9worked on a project in excess of the prevailing hours of labor determined under this
10subsection.
No state agency may A state agency or the University of Wisconsin
11Hospitals and Clinics Authority may not award any contract to such person unless
12otherwise recommended by the department or unless 3 years have elapsed from the
13date the department issued its findings or date of final determination by a court of
14competent jurisdiction, whichever is later.".
AB150-SA116,47,8
5350. Page 1346, line 2: after the comma insert "the municipal employer may
6implement the qualified economic offer. On the 90th day prior to expiration of the
7period included within the qualified economic offer, if no agreement exists on that
8day,".
AB150-SA116,47,13
10352. Page 1346, line 8: in lines 8 and 9, delete "unilaterally implements the
11terms of a stipulation under this subdivision" and substitute: "refuses to bargain
12collectively with respect to the terms of that stipulation, applicable to the 90-day
13period prior to expiration of the period included within the qualified economic offer,".
AB150-SA116,47,15
14353. Page 1346, line 10: after the 2nd comma insert "during the 90-day
15period prior to expiration of the period included within a qualified economic offer,".
AB150-SA116,47,23
17"7. `Factor given greatest weight.' In making any decision under the arbitration
18procedures authorized by this paragraph, the arbitrator or arbitration panel shall
19consider and shall give the greatest weight to any state law or directive lawfully
20issued by a state legislative or administrative officer, body or agency which places
21limitations on expenditures that may be made or revenues that may be collected by
22a municipal employer. The arbitrator or arbitration panel shall give an accounting
23of the consideration of this factor in the arbitrator's or panel's decision.
AB150-SA116,48,4
17g. `Factor given greater weight.' In making any decision under the arbitration
2procedures authorized by this paragraph, the arbitrator or arbitration panel shall
3consider and shall give greater weight to economic conditions in the jurisdiction of
4the municipal employer than to any of the factors specified in subd. 7r.
AB150-SA116,48,75
7r. `Other factors considered.' In making any decision under the arbitration
6procedures authorized by this paragraph, the arbitrator or arbitration panel shall
7also give weight to the following factors:".
AB150-SA116,48,14
13"6. Solicitation of sealed bids for the provision of group health care benefits for
14school district professional employes as provided in s. 120.12 (24).".
AB150-SA116,49,2
2"
Section 3878m. 115.375 (2) (a) 2. of the statutes is amended to read:
AB150-SA116,49,73
115.375
(2) (a) 2. "Public agency" means a county, city, village, town, public
4inland lake protection and rehabilitation district
,
or school district
or cooperative
5educational service agency or an agency of this state or of a county, city, village, town,
6public inland lake protection and rehabilitation district
, or school district
or
7cooperative educational service agency.
AB150-SA116,49,169
115.375
(2) (b) From the appropriations under s. 20.255 (1)
(cp), (jr) and
(r) (2) 10(ee) and (ra), the board shall award grants to corporations and public agencies for the
11development, dissemination and presentation of environmental education
12programs. Programs shall be funded on an 18-month basis. The board may not
13award a grant unless the grant recipient matches at least 25% of the amount of the
14grant. Private funds and in-kind contributions may be applied to meet the matching
15requirement. Grants under this paragraph may not be used to replace funding
16available from other sources.
AB150-SA116,49,2318
115.375
(2) (c) The board shall promulgate rules establishing the criteria and
19procedures for the awarding of grants for programs and projects under par. (b). The
20board shall use the priorities established under sub. (1) for awarding grants if the
21amount in the appropriations under s. 20.255 (1)
(cp), (jr) and
(r) (2) (ee) and (ra) in
22any fiscal year is insufficient to fund all applications under this subsection. The
23department shall assist the board in administering this section.".
AB150-SA116,50,1612
118.24
(1) A school board may employ a school district administrator, a
13business manager and school principals and assistants to such persons. The term
14of each employment contract
shall expire on June 30 of an odd-numbered year and 15may not exceed 2 years.
A contract for a term of 2 years may provide for one or more
16extensions of one year each.".
AB150-SA116,51,319
118.24
(8) Personnel administrators and supervisors, curriculum
20administrators and assistants to such administrative personnel, when employed by
21the school board of any
school district to perform administrative duties only, may be
22employed for a term
that expires on June 30 of an odd-numbered year and that does
23not exceed
2 years.
The term shall coincide with the state fiscal biennium A contract
1for a term of 2 years may provide for one or more extensions of one year each.
2Subsections (5) to (7) are applicable to such persons when they are employed to
3perform administrative duties only.".
AB150-SA116,51,5
5"
Section 3961ai. 118.245 (1) of the statutes is amended to read:
AB150-SA116,51,66
118.245
(1) In this section
, "professional:
AB150-SA116,51,12
7(a) "Nonrepresented professional employe" means
a school district an employe
8who
holds a license issued by the state superintendent under s. 115.28 (7), whose
9employment requires that license, is a professional employe as defined in s. 111.70
10(1) (L), who is employed to perform services for a school district and
who whose
11position is not included in a collective bargaining unit for which a representative is
12recognized or certified under subch. IV of ch. 111.
AB150-SA116,51,1514
118.245
(1) (b) "Represented professional employe" has the meaning given for
15"school district professional employe" in s. 111.70 (1) (ne).".
AB150-SA116,51,21
18379. Page 1419, line 1: after "
including" insert: "
or the average total
19percentage increased cost per employe of compensation and fringe benefits provided
20to its represented professional employes during the 12-month period ending on June
2130 preceding the date that the increase becomes effective, whichever is greater".
AB150-SA116,52,2
22380. Page 1419, line 17: after "
increase" insert: "
. For purposes of this
23subsection, the average total percentage increased cost per employe of the
24compensation provided by a school district to its represented professional employes
1shall be determined in accordance with the method prescribed by the employment
2relations commission under s. 111.70 (4) (cm) 8s".
