Amendment AA1-ASA1-AB100

AB100-ASA1-AA1,216,21 " Section 2664k. 106.05 of the statutes is repealed.

AB100-ASA1-AA1, s. 2664p Section 2664p. 106.06 (3) of the statutes is amended to read:

AB100-ASA1-AA1,217,3 106.06 (3) All gifts, grants, bequests and devises to the division for its use for any of the purposes mentioned in s. 106.05 are valid and shall be used to carry out the purposes for which made and received.".

AB100-ASA1-AA1,217,5 767. Page 1210, line 25: delete that line and substitute "$600,000 in fiscal year 1997-98 and $300,000 in fiscal year 1998-99 for the payment of those grants.".

AB100-ASA1-AA1,217,6 768. Page 1211, line 10: after that line insert:

AB100-ASA1-AA1,217,7 " Section 2681m. 106.215 (10) (c) of the statutes is amended to read:

AB100-ASA1-AA1,217,15 106.215 (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.

AB100-ASA1-AA1, s. 2681r Section 2681r. 106.215 (10) (cm) of the statutes is repealed.".

AB100-ASA1-AA1,217,17 769. Page 1213, line 20: delete lines 20 to 25.

AB100-ASA1-AA1,217,18 770. Page 1214, line 1: delete lines 1 to 16.

AB100-ASA1-AA1,217,19 771. Page 1215, line 23: after that line insert:

AB100-ASA1-AA1,217,20 " Section 2691mm. 110.99 of the statutes is repealed.".

AB100-ASA1-AA1, s. 2692tm Section 2692tm. 111.70 (4) (n) of the statutes, as created by 1995 Wisconsin Act 289, is repealed.

AB100-ASA1-AA1, s. 2692tp Section 2692tp. 111.91 (2) (k) of the statutes, as created by 1995 Wisconsin Act 289, is amended to read:

AB100-ASA1-AA1,218,2 111.91 (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.".

AB100-ASA1-AA1,218,3 772. Page 1215, line 23: after that line insert:

AB100-ASA1-AA1,218,5 " Section 2692tc. 111.70 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 289, is amended to read:

AB100-ASA1-AA1,219,4 111.70 (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) to (o) 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.

AB100-ASA1-AA1, s. 2692tn Section 2692tn. 111.70 (4) (o) of the statutes is created to read:

AB100-ASA1-AA1,219,15 111.70 (4) (o) Permissive subjects of collective bargaining. In a school district, the municipal employer is not required to bargain collectively with respect to the establishment of the school calendar. This paragraph shall not be construed to eliminate a school district's duty to bargain collectively with the recognized or certified representative of school district employes in a collective bargaining unit concerning the total number of days of work and the number of those days which are allocated to different purposes such as days on which school is taught, in-service days, staff preparation days, convention days, paid holidays and parent-teacher conference days, and to bargain collectively with that representative with regard to the impact of the school calendar on wages, hours and conditions of employment.".

AB100-ASA1-AA1,219,16 773. Page 1215, line 23: after that line insert:

AB100-ASA1-AA1,219,18 " Section 2692td. 111.70 (4) (jm) 5. of the statutes is repealed and recreated to read:

AB100-ASA1-AA1,220,2 111.70 (4) (jm) 5. In determining the proper compensation to be received by members of the police department under subd. 4., the arbitrator shall consider the following factors, with the greatest weight given to the factor specified under subd. 5. a., the next greatest weight given to the factor specified under subd. 5. b., the next greatest weight given to the factor specified under subd. 5. c., the next greatest weight given to the factor specified under subd. 5. d. and the least weight given to the factor specified under subd. 5. e.:

AB100-ASA1-AA1,220,6 a. Comparison of all of the items of compensation specified in subd. 4. of the municipal employes in the collective bargaining unit with such items of compensation of other municipal law enforcement officers in the metropolitan area in which the 1st class city is located.

AB100-ASA1-AA1,220,9 b. Comparison of the respective crime rates, and workloads of and risks of injury to law enforcement officers, in the 1st class city and any other jurisdiction with which comparisons are made under subd. 5. a.

AB100-ASA1-AA1,220,12 c. The increase in the average consumer prices for goods and services, commonly known as the cost of living, during the term of the predecessor collective bargaining agreement.

AB100-ASA1-AA1,220,16 d. Comparison of all of the items of compensation specified in subd. 4. of the municipal employes in the collective bargaining unit with such items of compensation of other municipal law enforcement officers in comparable communities in this state.

AB100-ASA1-AA1,220,19 e. Comparison of all of the items of compensation specified in subd. 4. of the municipal employes in the collective bargaining unit with such items of compensation of other protective service municipal employes in the 1st class city.".

AB100-ASA1-AA1,220,20 774. Page 1215, line 23: after that line insert:

AB100-ASA1-AA1,220,21 " Section 2691t. 111.31 (1) of the statutes is amended to read:

AB100-ASA1-AA1,221,24 111.31 (1) The legislature finds that the practice of unfair discrimination in employment, licensing and labor organization membership against properly qualified individuals by reason of their age, race, creed, color, handicap, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, membership in the national guard, state defense force or any other reserve component of the military forces of the United States or this state or use or nonuse of lawful products off the employer's premises during nonworking hours , that the practice of unfair discrimination in employment against properly qualified individuals by reason of their nonfelony conviction record and that the practice of unfair discrimination in licensing and labor organization membership against properly qualified individuals by reason of their felony or nonfelony conviction record substantially and adversely affects the general welfare of the state. Employers, labor organizations, employment agencies and licensing agencies that deny employment, licensing and labor organization membership opportunities and discriminate in employment, licensing and labor organization membership against properly qualified individuals solely because of their age, race, creed, color, handicap, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, membership in the national guard, state defense force or any other reserve component of the military forces of the United States or this state or use or nonuse of lawful products off the employer's premises during nonworking hours, employers and employment agencies that deny employment opportunities and discriminate in employment against properly qualified individuals solely because of their nonfelony conviction record and licensing agencies and labor organizations that deny licensing and labor organization membership to properly qualified individuals solely because of their felony or nonfelony conviction record deprive those individuals of the earnings that are necessary to maintain a just and decent standard of living.

AB100-ASA1-AA1, s. 2691v Section 2691v. 111.31 (2) of the statutes is amended to read:

AB100-ASA1-AA1,222,20 111.31 (2) It is the intent of the legislature to protect by law the rights of all individuals to obtain gainful employment, licensing and labor organization membership and to enjoy privileges free from employment discrimination in employment, licensing and labor organization membership because of age, race, creed, color, handicap, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, membership in the national guard, state defense force or any other reserve component of the military forces of the United States or this state or use or nonuse of lawful products off the employer's premises during nonworking hours, to protect by law the rights of all individuals to obtain employment and to enjoy privileges free from discrimination in employment because of nonfelony conviction record, to protect by law the rights of all individuals to obtain licensing and labor organization membership and to enjoy privileges free from discrimination in licensing and labor organization membership because of felony or nonfelony conviction record, and to encourage the full, nondiscriminatory utilization of the productive resources of the state to the benefit of the state, the family and all the people of the state. It is the intent of the legislature in promulgating this subchapter to encourage employers to evaluate an employe or applicant for employment, other than an employe or applicant who has a felony conviction record, based upon the employe's or applicant's individual qualifications rather than upon a particular class to which the individual may belong.

AB100-ASA1-AA1, s. 2691x Section 2691x. 111.31 (3) of the statutes is amended to read:

AB100-ASA1-AA1,223,11 111.31 (3) In the interpretation and application of this subchapter, and otherwise, it is declared to be the public policy of the state to encourage and foster to the fullest extent practicable the employment, licensing and labor organization membership of all properly qualified individuals regardless of age, race, creed, color, handicap, marital status, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, membership in the national guard, state defense force or any other reserve component of the military forces of the United States or this state or use or nonuse of lawful products off the employer's premises during nonworking hours, to encourage and foster to the fullest extent practicable the employment of all properly qualified individuals regardless of nonfelony conviction record and to encourage and foster to the fullest extent practicable the licensing and labor organization membership of all properly qualified individuals regardless of felony or nonfelony conviction record. Nothing in this subsection requires an affirmative action program to correct an imbalance in the work force. This subchapter shall be liberally construed for the accomplishment of this purpose.

AB100-ASA1-AA1, s. 2692d Section 2692d. 111.32 (3) of the statutes is amended to read:

AB100-ASA1-AA1,223,17 111.32 (3) "Conviction record" includes, but is not limited to, information indicating that an individual has been convicted of any felony, misdemeanor or other offense, has been adjudicated delinquent, has been less than honorably discharged, or has been placed on probation, fined, imprisoned or paroled pursuant to any law enforcement or military authority, and has not been pardoned.

AB100-ASA1-AA1, s. 2692g Section 2692g. 111.335 (1) (c) of the statutes is renumbered 111.335 (2) (c) and amended to read:

AB100-ASA1-AA1,223,22 111.335 (2) (c) Notwithstanding s. 111.322, it is not employment discrimination because of conviction record to refuse to employ or license, or to bar or terminate from employment or licensing, any individual who:

AB100-ASA1-AA1,224,2 1. Has been convicted of any felony, misdemeanor or other offense the circumstances of which substantially relate to the circumstances of the particular job or licensed activity and has not been pardoned for that felony, misdemeanor or other offense; or

AB100-ASA1-AA1,224,5 2. Is not bondable under a standard fidelity bond or an equivalent bond where such bondability is required by state or federal law, or administrative regulation or established business practice of the employer.

AB100-ASA1-AA1, s. 2692i Section 2692i. 111.335 (1) (cg) 1. and 2. of the statutes, as created by 1995 Wisconsin Act 461, are renumbered 111.335 (2) (cg) 1. and 2.

AB100-ASA1-AA1, s. 2692k Section 2692k. 111.335 (1) (cg) 3. of the statutes, as created by 1995 Wisconsin Act 461, is repealed.

AB100-ASA1-AA1, s. 2692m Section 2692m. 111.335 (1) (cm) of the statutes is repealed.

AB100-ASA1-AA1, s. 2692q Section 2692q. 111.335 (1) (cs) (intro.) of the statutes is renumbered 111.335 (2) (cs) (intro.) and amended to read:

AB100-ASA1-AA1,224,17 111.335 (2) (cs) (intro.) Notwithstanding s. 111.322, it is not employment discrimination because of conviction record to revoke, suspend or refuse to renew a license or permit under ch. 125 if the person holding or applying for the license or permit has been convicted of one or more of the following and has not been pardoned for the offense:

AB100-ASA1-AA1, s. 2692r Section 2692r. 111.335 (1) (d) of the statutes is renumbered 111.32 (7g) and amended to read:

AB100-ASA1-AA1,224,22 111.32 (7g) In this subsection, "equivalent "Equivalent bond" includes, but is not limited to, a bond issued for an ex-offender under 29 USC 871 (c) in effect on August 4, 1981.

AB100-ASA1-AA1, s. 2692t Section 2692t. 111.335 (2) (a) of the statutes is created to read:

AB100-ASA1-AA1,225,4 111.335 (2) (a) Notwithstanding s. 111.322, it is not employment discrimination because of conviction record to refuse to employe a person if that person has been convicted of a felony and has not been pardoned for that felony, or to refuse to employ a person if that person has been convicted of a misdemeanor or other offense, the circumstances of which substantially relate to the circumstances of the particular job and has not been pardoned for that misdemeanor or other offense.".

AB100-ASA1-AA1,225,5 775. Page 1215, line 23: after that line insert:

AB100-ASA1-AA1,225,7 " Section 2692tf. 111.70 (4) (m) 4. of the statutes is repealed and recreated to read:

AB100-ASA1-AA1,225,11 111.70 (4) (m) 4. Any decision of a school board to contract with a school or agency to provide educational programs under s. 118.47, or the impact of any such decision on the wages, hours or conditions of employment of the municipal employes who perform services for the school board.".

AB100-ASA1-AA1,225,12 776. Page 1215, line 23: after that line insert:

AB100-ASA1-AA1,225,13 " Section 2691f. 110.10 of the statutes is created to read:

AB100-ASA1-AA1,225,14 110.10 Ignition interlock device program. (1) In this section:

AB100-ASA1-AA1,225,16 (a) "Restricted operator" means a person whose operating privilege is restricted to operating only motor vehicles equipped with an ignition interlock device.

AB100-ASA1-AA1,225,18 (b) "Service provider" means a person who has contracted with the department to provide services under this section.

AB100-ASA1-AA1,225,19 (2) The department shall do all of the following:

AB100-ASA1-AA1,225,22 (a) Develop and administer an ignition interlock device program that assists a person in complying with a court order restricting the person's operating privilege to operating only motor vehicles equipped with an ignition interlock device.

AB100-ASA1-AA1,226,3 (b) Contract with a person to provide services required under sub. (3). The department shall contract only with a person who has at least 2 years' full-time field experience providing and servicing ignition interlock devices.

AB100-ASA1-AA1,226,5 (c) Amend its vehicle registration records to reflect the installation or removal of an ignition interlock device upon receiving notice under sub. (3) (g).

AB100-ASA1-AA1,226,6 (d) Promulgate rules to implement this section.

AB100-ASA1-AA1,226,8 (3) A contract under sub. (2) (b) shall require the service provider to do all of the following:

AB100-ASA1-AA1,226,11 (a) Use only ignition interlock devices approved by the department and manufactured by a manufacturer that has 500 or more devices in service in the United States or Canada.

AB100-ASA1-AA1,226,16 (am) Create and implement a service delivery plan under which any restricted operator may obtain routine service of an installed ignition interlock device within a 60-mile radius of his or her place of residence. The service delivery plan shall make installation of an ignition interlock device available to any restricted operator within a 150-mile radius of his or her place of residence.

AB100-ASA1-AA1,226,18 (b) Service at least once every 2 months each ignition interlock device installed by the service provider.

AB100-ASA1-AA1,226,20 (c) Provide a 24-hour toll-free telephone number for information and services related to the contract.

AB100-ASA1-AA1,226,24 (d) Return any telephone call requesting service of an ignition interlock device installed by the service provider within 45 minutes after receiving the call and repair or replace any defective ignition interlock device within 48 hours after receiving a call requesting service of the device.

AB100-ASA1-AA1,227,2 (e) Install devices within 15 days after receiving a request to install an ignition interlock device.

AB100-ASA1-AA1,227,4 (g) Provide the department, within 2 business days after installing or removing an ignition interlock device, with notice of the installation or removal.

AB100-ASA1-AA1,227,8 (h) Provide the department, within 2 business days after inspecting an installed ignition interlock device, with notice of evidence of any tampering with, circumventing, or bypassing an ignition interlock device or of resetting violations recorded by the device.

AB100-ASA1-AA1,227,11 (i) Provide the department with monthly reports summarizing electronic data from the ignition interlock devices in a format that is agreed upon by the department and the service provider.

AB100-ASA1-AA1,227,15 (im) Provide the department with all of the software that is reasonably required by the department to access and interpret the data collected by an ignition interlock device or submitted under pars. (h) and (i) and with any technical support that is necessary to use the software.

AB100-ASA1-AA1,227,17 (j) Provide the department in a timely manner with any other information reasonably requested by the department.

AB100-ASA1-AA1,227,19 (k) Cooperate with any study by the department or the legislature of the ignition interlock device program.

AB100-ASA1-AA1,227,20 (L) Provide all required services and products at no cost to the state.

AB100-ASA1-AA1,227,22 (m) Provide the owner of the vehicle with a program of instruction on the proper use of the ignition interlock device.

AB100-ASA1-AA1,227,24 (n) Refuse to install an ignition interlock device unless the person has completed the program of instruction under par. (m).

AB100-ASA1-AA1,227,25 (4) No service provider may do any of the following:

AB100-ASA1-AA1,228,2 (a) Contract with any person to have that person provide any services that are required to be performed by the service provider under sub. (3).

AB100-ASA1-AA1,228,4 (b) Allow any business to be conducted from its service centers other than business directly related to providing service required under this section.

AB100-ASA1-AA1,228,8 (5) A service provider may charge a restricted operator a periodic fee for services provided under this section. The amount of the fee shall be uniform statewide. No service provider may increase the fee charged to any person while that person is a restricted operator.".

AB100-ASA1-AA1,228,9 777. Page 1215, line 23: after that line insert:

AB100-ASA1-AA1,228,10 " Section 2691g. 110.20 (1) (ar) of the statutes is created to read:

AB100-ASA1-AA1,228,14 110.20 (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.

AB100-ASA1-AA1, s. 2691m Section 2691m. 110.20 (9) (k) of the statutes is created to read:

AB100-ASA1-AA1,228,18 110.20 (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.".

AB100-ASA1-AA1,228,20 778. Page 1215, line 24: delete the material beginning with that line and ending with page 1216, line 2.