Amendment JR2 SA2-SSA1-AB1

AB1-SSA1-SA2,289,12 109.09 (1) The department shall investigate and attempt equitably to adjust controversies between employers and employees as to alleged wage claims. The department may receive and investigate any wage claim which that 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 employee during the period commencing 2 years before the date the claim is filed. The department shall enforce this chapter and ss. 66.0903, 103.02, 103.32, 103.49, 103.82, 104.12, and 229.8275. In pursuance of this duty, the department may sue the employer on behalf of the employee 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 investigate as necessary and, if the wage claim or wage deficiency appears to be valid, commence an action in the circuit court having appropriate jurisdiction to collect the wage claim or wage deficiency. If the department decides not to sue the employer to collect a wage claim or wage deficiency arising under s. 66.0903 or 103.49 or refer such a wage claim or wage deficiency to the district attorney, the department shall refer the wage claim or wage deficiency to the department of justice, and the department of justice shall investigate as necessary and, if the wage claim or wage deficiency appears to be valid, commence an action in the circuit court having appropriate jurisdiction to collect the wage claim or wage deficiency. 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.".

AB1-SSA1-SA2,289,13 357. Page 158, line 22: after that line insert:

AB1-SSA1-SA2,289,14 " Section 276p. 109.11 (1) (c) of the statutes is amended to read:

AB1-SSA1-SA2,289,19 109.11 (1) (c) If an employer does not agree to compromise and settle a wage claim under this subsection, the department may refer the wage claim to a district attorney under s. 109.09 (1) or to the department of justice under s. 109.09 (1) or 109.10 (3) for commencement of an action in circuit court to collect the amount of wages due and unpaid plus increased wages as specified in sub. (2) (b).".

AB1-SSA1-SA2,289,20 358. Page 159, line 3: after that line insert:

AB1-SSA1-SA2,289,21 " Section 277gm. 111.91 (2) (n) of the statutes is amended to read:

AB1-SSA1-SA2,289,23 111.91 (2) (n) The provision to employees of the health insurance coverage required under s. 632.895 (11) to (14) (15).

AB1-SSA1-SA2, s. 277hm Section 277hm. 111.91 (2) (qm) of the statutes is created to read:

AB1-SSA1-SA2,290,3 111.91 (2) (qm) The requirements under s. 632.89 related to coverage of treatment for nervous and mental disorders and alcoholism and other drug abuse problems.".

AB1-SSA1-SA2,290,4 359. Page 159, line 3: after that line insert:

AB1-SSA1-SA2,290,5 " Section 277b. 111.70 (1) (a) of the statutes is amended to read:

AB1-SSA1-SA2,291,5 111.70 (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 employees 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 employee to perform law enforcement and fire fighting services under s. 61.66, and for a school district with respect to any matter under sub. (4) (n), except as provided in sub. (4) (m) 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 employees 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 employees 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 employees by the constitutions of this state and of the United States and by this subchapter.

AB1-SSA1-SA2, s. 277e Section 277e. 111.70 (4) (n) of the statutes is created to read:

AB1-SSA1-SA2,291,10 111.70 (4) (n) Mandatory subjects of bargaining. In a school district, in addition to any subject of bargaining on which the municipal employer is required to bargain under sub. (1) (a), the municipal employer is required to bargain collectively with respect to:

AB1-SSA1-SA2,291,13 1. Time spent during the school day, separate from pupil contact time, to prepare lessons, labs, or educational materials, to confer or collaborate with other staff, or to complete administrative duties.

AB1-SSA1-SA2,291,15 2. Time spent to perform the duties required of an individualized education program team under s. 115.78 (2).".

AB1-SSA1-SA2,291,16 360. Page 159, line 3: after that line insert:

AB1-SSA1-SA2,291,17 " Section 277c. 111.70 (1) (nc) 1. d. of the statutes is created to read:

AB1-SSA1-SA2,291,22 111.70 (1) (nc) 1. d. A proposal to maintain all conditions of employment as the conditions existed on the 90th day prior to the expiration of the previous collective bargaining agreement between the parties or the 90th day prior to commencement of negotiations if there is no previous collective bargaining agreement between the parties.

AB1-SSA1-SA2, s. 277cm Section 277cm. 111.70 (1) (nc) 1. e. of the statutes is created to read:

AB1-SSA1-SA2,292,5 111.70 (1) (nc) 1. e. A proposal to maintain any provision relating to a subject of collective bargaining on which the municipal employer was not required to bargain that existed in the previous collective bargaining agreement between the parties or that existed on the 90th day prior to the expiration of the previous collective bargaining agreement between the parties.

AB1-SSA1-SA2, s. 277cp Section 277cp. 111.70 (4) (cm) 5s. of the statutes is amended to read:

AB1-SSA1-SA2,294,2 111.70 (4) (cm) 5s. `Issues subject to arbitration.' In a collective bargaining unit consisting of school district professional employees, the municipal employer or the labor organization may petition the commission to determine whether the municipal employer has submitted a timely qualified economic offer. The commission shall appoint an investigator for that purpose. If the investigator, using the methodology prescribed under subd. 8t., finds that the municipal employer has submitted a timely 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 timely 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 employees 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 employees 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 employees 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 timely 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. If the investigator determines that the municipal employer has not submitted a timely qualified economic offer, either the municipal employer or the labor organization may petition for arbitration under subd. 6. to resolve any dispute relating to economic issues.

AB1-SSA1-SA2, s. 277cr Section 277cr. 111.70 (4) (cm) 8t. of the statutes is created to read:

AB1-SSA1-SA2,294,8 111.70 (4) (cm) 8t. `Methodology for determining qualified economic offers.' The commission shall prescribe by rule a methodology to be used in determining whether a collective bargaining proposal submitted by a municipal employer to a labor organization constitutes a qualified economic offer and whether such an offer is timely.".

AB1-SSA1-SA2,294,9 361. Page 159, line 9: after that line insert:

AB1-SSA1-SA2,294,10 " Section 279m. 115.28 (25) of the statutes is repealed.".

AB1-SSA1-SA2,294,11 362. Page 159, line 9: after that line insert:

AB1-SSA1-SA2,294,12 " Section 279b. 115.29 (1) of the statutes is amended to read:

AB1-SSA1-SA2,294,17 115.29 (1) Designate representative. Designate the deputy state superintendent or another any employee of the department as the state superintendent's representative on any body on which the state superintendent is required to serve, except the board of regents of the University of Wisconsin System.".

AB1-SSA1-SA2,294,18 363. Page 159, line 17: after that line insert:

AB1-SSA1-SA2,294,19 " Section 280c. 118.13 (1m) of the statutes is created to read:

AB1-SSA1-SA2,295,3 118.13 (1m) No person who wishes to attend a private school under s. 119.23 or a charter school may be denied admission to that school and no pupil who is attending a private school under s. 119.23 or a charter school may be denied participation in, be denied the benefits of, or be discriminated against in any curricular, extracurricular, pupil services, recreational, or other program or activity of that school because of the person's sex, race, religion, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation, or physical, mental, emotional, or learning disability.

AB1-SSA1-SA2, s. 280e Section 280e. 118.13 (2) (am) of the statutes is created to read:

AB1-SSA1-SA2,295,10 118.13 (2) (am) Each private school participating in the program under s. 119.23 and each charter school shall develop written policies and procedures to implement this section and submit them to the state superintendent. The policies and procedures shall provide for receiving and investigating complaints regarding possible violations of this section, for making determinations as to whether this section has been violated, and for ensuring compliance with this section.

AB1-SSA1-SA2, s. 280g Section 280g. 118.13 (2) (b) of the statutes is amended to read:

AB1-SSA1-SA2,295,13 118.13 (2) (b) Any person who receives a negative determination under par. (a) or (am) may appeal the determination to the state superintendent.

AB1-SSA1-SA2, s. 280i Section 280i. 118.13 (3) (a) 3. of the statutes is amended to read:

AB1-SSA1-SA2,295,19 118.13 (3) (a) 3. Include in the department's biennial report under s. 15.04 (1) (d) information on the status of school district compliance of school districts, charter schools, and private schools with this section and school district the progress made toward providing reasonable equality of educational opportunity for all pupils in this state.

AB1-SSA1-SA2, s. 280k Section 280k. 118.13 (3) (b) 1. of the statutes is amended to read:

AB1-SSA1-SA2,295,23 118.13 (3) (b) 1. Periodically review school district , charter school, and private school programs, activities and services to determine whether the school boards, charter schools, and private schools are complying with this section.

AB1-SSA1-SA2, s. 280m Section 280m. 118.13 (3) (b) 2. of the statutes is amended to read:

AB1-SSA1-SA2,296,3 118.13 (3) (b) 2. Assist school boards, charter schools, and private schools to comply with this section by providing information and technical assistance upon request.

AB1-SSA1-SA2, s. 280p Section 280p. 118.13 (4) of the statutes is amended to read:

AB1-SSA1-SA2,296,8 118.13 (4) Any public school, charter school, or private school official, employee or teacher who intentionally engages in conduct which discriminates against a person or causes a person to be denied rights, benefits or privileges, in violation of sub. (1) or (1m), may be required to forfeit not more than $1,000.".

AB1-SSA1-SA2,296,9 364. Page 159, line 17: after that line insert:

AB1-SSA1-SA2,296,11 " Section 280m. Subchapter VIII of chapter 115 [precedes 115.997] of the statutes is created to read:

AB1-SSA1-SA2,296,12 Chapter 115

AB1-SSA1-SA2,296,15 Subchapter viii technology for educational achievement

AB1-SSA1-SA2,296,16 115.997 Definitions. In this subchapter:

AB1-SSA1-SA2,296,18 (1d) "Charter school sponsor" means an entity described under s. 118.40 (2r) (b) that is sponsoring a charter school.

AB1-SSA1-SA2,296,20 (1m) "Data line" means a data circuit that provides direct access to the Internet.

AB1-SSA1-SA2,297,2 (2g) "Educational agency" means a school district, charter school sponsor, secured correctional facility, private school, cooperative educational service agency, technical college district, private college, public library system, public library board, the Wisconsin Center for the Blind and Visually Impaired, or the Wisconsin School for the Deaf.

AB1-SSA1-SA2,297,5 (3) "Educational technology" means technology used in the education or training of any person or in the administration of an elementary or secondary school and related telecommunications services.

AB1-SSA1-SA2,297,6 (3d) "Political subdivision" means any city, village, town, or county.

AB1-SSA1-SA2,297,10 (3g) "Private college" means a private, regionally accredited, 4-year, nonprofit college or university that is incorporated in this state or that has its regional headquarters and principal place of business in this state or a tribally controlled college in this state.

AB1-SSA1-SA2,297,11 (3j) "Private school" has the meaning given in s. 115.001 (3r).

AB1-SSA1-SA2,297,12 (3m) "Public library system" has the meaning given in s. 43.01 (5).

AB1-SSA1-SA2,297,15 (3r) "Secured correctional facility" means the Southern Oaks Girls School, the Ethan Allen School, the Youth Leadership Training Center, and the Lincoln Hills School.

AB1-SSA1-SA2,297,16 (4) "Telecommunications" has the meaning given in s. 16.97 (10).

AB1-SSA1-SA2,297,17 (5) "Universal service fund" means the trust fund established under s. 25.95.

AB1-SSA1-SA2,297,18 (6) "Video link" means a 2-way interactive video circuit.

AB1-SSA1-SA2,297,20 115.998 Technology for educational achievement in Wisconsin. The department shall do all of the following:

AB1-SSA1-SA2,298,2 (1) In cooperation with school districts, cooperative educational service agencies, the technical college system board, and the board of regents of the University of Wisconsin System, promote the efficient, cost-effective procurement, installation, and maintenance of educational technology by school districts, cooperative educational service agencies, technical college districts, and the University of Wisconsin System.

AB1-SSA1-SA2,298,4 (2) Identify the best methods of providing preservice and in-service training for teachers related to educational technology.

AB1-SSA1-SA2,298,8 (3) Enter into cooperative purchasing agreements under s. 16.73 (1) under which participating school districts and cooperative educational service agencies may contract for their professional employees to receive training concerning the effective use of educational technology.

AB1-SSA1-SA2,298,13 (4) In cooperation with the board of regents of the University of Wisconsin System, the technical college system board, and other entities, support the development of courses for the instruction of professional employees who are licensed by the state superintendent concerning the effective use of educational technology.

AB1-SSA1-SA2,298,15 (5) Provide telecommunications access to educational agencies under the program established under s. 115.9995.

AB1-SSA1-SA2,298,18 (6) No later than October 1 of each even-numbered year, submit a biennial report concerning the department's activities under this subchapter to the governor, and to the appropriate standing committees of the legislature under s. 13.172 (3).

AB1-SSA1-SA2,298,25 (7) Coordinate the purchasing of educational technology materials, supplies, equipment, and contractual services for school districts, cooperative educational service agencies, technical college districts, and the board of regents of the University of Wisconsin System by the department under s. 16.72 (8), and establish standards and specifications for purchases of educational technology hardware and software by school districts, cooperative educational service agencies, technical college districts, and the board of regents of the University of Wisconsin System.

AB1-SSA1-SA2,299,6 (8) Purchase educational technology equipment for use by school districts, cooperative educational service agencies, and public educational institutions in this state and permit the districts, agencies, and institutions to purchase or lease the equipment, with an option to purchase the equipment at a later date. This paragraph does not require the purchase or lease of any educational technology equipment from the department.

AB1-SSA1-SA2,299,10 (9) Administer, modify, or rescind any grant or award made by the Wisconsin Advanced Telecommunications Foundation to fund a project described in s. 14.28 (3) (a) 1. to 5., 1999 stats., to the extent allowed under a contract for making the grant or award.

AB1-SSA1-SA2,299,23 115.999 Educational technology training programs, grants, aids and loans. (1) Educational technology training and technical assistance grants. From the appropriation under s. 20.255 (4) (et), the department shall award grants to cooperative educational service agencies and to consortia consisting of 2 or more school districts, charter school sponsors, secured correctional facilities, or cooperative educational service agencies, or one or more school districts, charter school sponsors, secured correctional facilities, or cooperative educational service agencies and one or more public library boards, to provide technical assistance and training in the use of educational technology. An applicant for a grant shall submit to the department a plan that specifies the school districts, charter school sponsors, secured correctional facilities, and public library boards that will participate in the program and describes how the funds will be allocated. The department shall do all of the following:

AB1-SSA1-SA2,300,2 (a) Award grants to applicants on a competitive basis through one funding cycle annually, except that the department shall ensure that at least one grant is awarded annually to an applicant located in the territory of each cooperative educational service agency.

AB1-SSA1-SA2,300,4 (b) Give preference in awarding grants to consortia that include one or more public library boards.

AB1-SSA1-SA2,300,6 (c) To the extent possible, ensure that grants are equally distributed on a statewide basis.

AB1-SSA1-SA2,300,9 (2) Educational technology block grants. (b) 1. In this paragraph, "equalized valuation per member" means equalized valuation, as defined in s. 121.004 (2), divided by membership, as defined in s. 121.004 (5), except as follows:

AB1-SSA1-SA2,300,12 a. For a school district operating only high school grades, "equalized valuation per member" means equalized valuation, as defined in s. 121.004 (2), divided by the result obtained by multiplying membership, as defined in s. 121.004 (5), by 3.

AB1-SSA1-SA2,300,15 b. For a school district operating only elementary grades, "equalized valuation per member" means equalized valuation, as defined in s. 121.004 (2), divided by the result obtained by multiplying membership, as defined in s. 121.004 (5), by 1.5.

AB1-SSA1-SA2,300,17 c. If a school district's equalized valuation per member is less than $75,000, it shall be considered to be $75,000 for purposes of this paragraph.

AB1-SSA1-SA2,301,4 2. From the appropriations under s. 20.255 (4) (f), (im), (jm), (js), and (mp), annually the department shall pay $5,000 to each eligible school district and $5,000 to the department of corrections for each eligible correctional facility. The department of corrections shall allocate funds received under this subsection among the eligible secured correctional facilities as it deems appropriate. The department shall distribute the balance in the appropriation to eligible school districts and to charter school sponsors in proportion to the weighted membership of each school district and in proportion to the number of pupils attending each charter school on the 3rd Friday of September. The weighted membership for a school district shall be determined by dividing the statewide average equalized valuation per member by the school district's equalized valuation per member and multiplying the result by the school district's membership, as defined in s. 121.004 (5).

AB1-SSA1-SA2,301,12 (c) A school district is eligible for a grant under par. (b) 2. only if the annual meeting in a common school district, or the school board in a unified school district or in a school district operating under ch. 119, adopts a resolution requesting the grant. A secured correctional facility is eligible for a grant under par. (b) 2. only if the secretary of corrections submits a written request to the department. A charter school sponsor is eligible for a grant under par. (b) 2. only if it submits a written request to the department. A grant under this subsection may not be used to replace funding available from other sources.

AB1-SSA1-SA2,301,21 (d) A school district or secured correctional facility receiving a grant under par. (b) shall deposit the moneys in a separate fund. The moneys may be used for any purpose related to educational technology, except that a school district or secured correctional facility may not use the moneys to pay the salary or benefits of any school district or secured correctional facility employee. A charter school sponsor that receives a grant under par. (b) may use the moneys for any purpose related to educational technology that benefits the pupils attending the charter school, except that a charter school sponsor may not use the moneys to pay the salary or benefits of any charter school employee.

AB1-SSA1-SA2,301,23 (e) The department shall distribute the grants under par. (b) 2. annually on the first Monday in February.

AB1-SSA1-SA2,302,2 (3) Computer training. Annually, the department shall pay to the Racine Unified School District the amount appropriated under s. 20.255 (4) (q) for training teachers and pupils in computers, including training in use of the Internet, Web design, computer animation, graphic design, and video skills.

AB1-SSA1-SA2,302,10 (4) Educational technology infrastructure financial assistance. (a) Financial assistance authorized. The department may provide financial assistance under this subsection to school districts and charter school sponsors from the proceeds of public debt contracted under s. 20.866 (2) (zc) and to public library boards from the proceeds of public debt contracted under s. 20.866 (2) (zcm). Financial assistance under this subsection may be used only for the purpose of upgrading the electrical wiring of school and library buildings in existence on October 14, 1997, and installing and upgrading computer network wiring.

AB1-SSA1-SA2,303,3 (b) Financial assistance applications, terms and conditions. The department shall establish application procedures for, and the terms and conditions of, financial assistance under this subsection, including a condition requiring a charter school sponsor to use financial assistance under this subsection for wiring upgrading and installation that benefits pupils attending the charter school. The department shall make a loan to a school district, charter school sponsor, or public library board in an amount equal to 50% of the total amount of financial assistance for which the department determines the school district, charter school sponsor, or public library board is eligible and provide a grant to the school district, charter school sponsor, or public library board for the remainder of the total. The terms and conditions of any financial assistance under this subsection may include provision of professional building construction services under s. 16.85 (15). The department shall determine the interest rate on loans under this subsection. The interest rate shall be as low as possible but shall be sufficient to fully pay all interest expenses incurred by the state in making the loans and to provide reserves that are reasonably expected to be required in the judgment of the department to ensure against losses arising from delinquency and default in the repayment of the loans. The term of a loan under this subsection may not exceed 10 years.

AB1-SSA1-SA2,303,8 (c) Repayment of loans. The department shall credit all moneys received from school districts and charter school sponsors for repayment of loans under this subsection to the appropriation account under s. 20.255 (4) (h). The department shall credit all moneys received from public library boards for repayment of loans under this subsection to the appropriation account under s. 20.255 (4) (hb).

AB1-SSA1-SA2,303,12 (d) Funding for financial assistance. The department, with the approval of the governor and subject to the limits of s. 20.866 (2) (zc) and (zcm), may request that the building commission contract public debt in accordance with ch. 18 to fund financial assistance under this subsection.