Amendment SA2-SSA1-SB55

SB55-SSA1-SA2,386,15 104.11 Definition of violation. Each day during which any an employer shall employ employs a person for whom a living-wage living wage has been fixed established at a wage less than the living-wage fixed established living wage shall constitute a separate and distinct violation of ss. 104.01 to 104.12 this chapter.

SB55-SSA1-SA2, s. 2560mz Section 2560mz. 104.12 of the statutes is amended to read:

SB55-SSA1-SA2,386,23 104.12 Complaints. Any person may register with the department a complaint that the wages paid to employees for whom a living-wage living wage has been established are less than that rate, and the department shall investigate the matter and take all proceedings necessary to enforce the payment of a wage not less than the living-wage a living wage. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.".

SB55-SSA1-SA2,386,24 1037. Page 908, line 22: after that line insert:

SB55-SSA1-SA2,387,1 " Section 2560s. 106.01 (11m) of the statutes is created to read:

SB55-SSA1-SA2,387,9 106.01 (11m) The department may provide an advanced journeyman credential pilot program in up to 3 trades, crafts, or businesses to recognize advanced training and postapprenticeship achievements. In selecting the trades, crafts, or businesses to be included in the program, the department shall seek to maximize participation in the program of persons who are minority group members, as defined in s. 560.036 (1) (f). By July 1, 2004, the department shall submit to the legislature under s. 13.172 (2) an evaluation of the effectiveness of the program established under this subsection.

SB55-SSA1-SA2, s. 2560t Section 2560t. 106.01 (12) of the statutes is created to read:

SB55-SSA1-SA2,387,23 106.01 (12) From the appropriations under s. 20.445 (1) (a) and (g), the department shall allocate $150,000 in each fiscal year, beginning in fiscal year 2002-03, for apprenticeship marketing activities, including the development and distribution of promotional materials directed at encouraging employers to hire apprentices, educating high school career counselors on careers available in the skilled trades, encouraging the youth of this state to consider a career in the skilled trades, and otherwise promoting the availability and benefits of careers in the skilled trades. The department shall solicit contributions from private sources to assist in the provision of those promotional materials and shall credit any contributions received to the appropriation account under s. 20.445 (1) (g). The department shall seek the advice of and consult with the apprenticeship marketing council regarding the administration of the apprenticeship marketing activities provided under this subsection.

SB55-SSA1-SA2, s. 2560u Section 2560u. 106.01 (13) of the statutes is created to read:

SB55-SSA1-SA2,388,8 106.01 (13) (a) In this subsection, "industrial, service, or skilled trades apprenticeship program" means a 2-year to 5-year apprenticeship program, as determined and approved by the department, in which an apprentice receives instruction leading to qualification as a skilled journeyman in any industrial manufacturing trade or private sector service occupation or receives instruction in the construction trades leading to qualification as a skilled journeyman carpenter, including a floor coverer, millwright, or pile driver; laborer; ironworker; or painter, including a taper.

SB55-SSA1-SA2,388,23 (b) From the appropriation under s. 20.445 (1) (a), the department shall allocate $300,000 in each fiscal year, beginning in fiscal year 2002-03, to contract with an organization to provide preapprenticeship basic skills training grants of up to $500 to persons who are eligible under this paragraph to receive those grants. A person is eligible to receive a grant under this paragraph if the person's family income does not exceed 165% of the poverty line for the continental United States, as revised annually by the federal department of health and human services under 42 USC 9902 (2), and if the person has previously failed a test for placement in an industrial, service, or skilled trades apprenticeship program, but wishes to participate in such a program. A person who receives a grant under this paragraph may use the grant moneys received to pay for the costs of tuition, fees, books, supplies, and materials, and for any other direct training costs, required to attend a preapprenticeship basic skills training program provided by an organization, a technical college, or a school approved by the educational approval board under s. 45.54.".

SB55-SSA1-SA2,388,24 1038. Page 908, line 22: delete "13.171" and substitute "13.172".

SB55-SSA1-SA2,389,1 1039. Page 911, line 20: after that line insert:

SB55-SSA1-SA2,389,2 " Section 2571p. 106.175 of the statutes is created to read:

SB55-SSA1-SA2,389,10 106.175 Labor Day report. By September 1, 2001, and annually thereafter, the department shall prepare and submit to the appropriate standing committees of the legislature under s. 13. 172 (3) a report on the labor supply in this state. The report shall describe any critical labor shortage areas identified by the department by occupation, region, gender, and race and shall recommend potential solutions to those critical labor shortages. The department shall also provide the report to the local workforce development boards established under 29 USC 2832 throughout the state and to the other appropriate organizations as determined by the department.

SB55-SSA1-SA2, s. 2571q Section 2571q. 106.18 of the statutes is created to read:

SB55-SSA1-SA2,389,18 106.18 Job skills training reports. The department shall collect information concerning the availability of basic job skills training programs in the state and periodically prepare reports identifying those programs for distribution to local workforce development boards established under 29 USC 2832, job centers, and other appropriate organizations as determined by the department. To the extent practicable, the reports shall identify available training programs by region of the state.".

SB55-SSA1-SA2,389,20 1040. Page 911, line 21: delete the material beginning with that line and ending with page 912, line 2.

SB55-SSA1-SA2,389,21 1041. Page 912, line 11: after that line insert:

SB55-SSA1-SA2,389,22 " Section 2604b. 108.07 (8) (b) of the statutes is amended to read:

SB55-SSA1-SA2,390,6 108.07 (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.".

SB55-SSA1-SA2,390,7 1042. Page 912, line 11: after that line insert:

SB55-SSA1-SA2,390,8 " Section 2604q. 109.09 (2) (c) of the statutes is amended to read:

SB55-SSA1-SA2,390,23 109.09 (2) (c) A Except as provided in this paragraph, a lien under par. (a) takes precedence over all other debts, judgments, decrees, liens, or mortgages against the employer, 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, regardless of whether those other debts, judgments, decrees, liens, or mortgages originate before or after the lien under par. (a) takes effect. A lien under par. (a) takes precedence over a lien of a financial institution, as defined in s. 69.30 (1) (b), that originates before the lien under par. (a) takes effect only to the extent that the lien under par. (a) does not exceed $6,000 per employee, except that this $6,000 limit does not apply to a lien for a payment due under s. 109.07 (3) or 109.075 (3). 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 employee does not bring an action to enforce the lien within the period prescribed in s. 893.44 for the underlying wage claim.".

SB55-SSA1-SA2,390,24 1043. Page 912, line 11: after that line insert:

SB55-SSA1-SA2,391,1 " Section 2599m. 110.07 (1) (a) 1. of the statutes is amended to read:

SB55-SSA1-SA2,391,5 110.07 (1) (a) 1. Enforce and assist in the administration of this chapter and chs. 166, 194, 218, 341 to 349, and 351, and ss. 23.33, 125.07 (4) (b), 125.085 (3) (b), 167.10 (3) (a), 167.31 (2) (b) to (d), and 287.81 and ch. 350 where applicable to highways, or orders or rules issued pursuant thereto.

SB55-SSA1-SA2, s. 2599mg Section 2599mg. 110.07 (1) (b) of the statutes is amended to read:

SB55-SSA1-SA2,391,11 110.07 (1) (b) All municipal judges, judges, district attorneys, and law enforcement officers shall assist in enforcing this chapter, ss. 167.10 (3) (a), 167.31 (2) (b) to (d), and 287.81 and chs. 194, 218, and 341 to 351, and orders or rules issued pursuant thereto and shall report to the department the disposition of every uniform traffic citation issued for cases involving those chapters.".

SB55-SSA1-SA2,391,12 1044. Page 912, line 20: after that line insert:

SB55-SSA1-SA2,391,13 " Section 2607e. 111.70 (1) (j) of the statutes is amended to read:

SB55-SSA1-SA2,391,20 111.70 (1) (j) "Municipal employer" means any city, county, village, town, metropolitan sewerage district, school district, or family care district, the Milwaukee County child welfare district, or any other political subdivision of the state that engages the services of an employee and includes any person acting on behalf of a municipal employer within the scope of the person's authority, express or implied, but specifically does not include a local cultural arts district created under subch. V of ch. 229.".

SB55-SSA1-SA2,391,21 1045. Page 912, line 20: after that line insert:

SB55-SSA1-SA2,391,22 " Section 2608c. 111.70 (4) (cm) 8s. of the statutes is amended to read:

SB55-SSA1-SA2,392,20 111.70 (4) (cm) 8s. `Forms for determining costs; calculation of the costs of certain fringe benefits.' a. The commission shall prescribe forms for calculating the total increased cost to the municipal employer of compensation and fringe benefits provided to school district professional employees. The cost shall be determined based upon the total cost of compensation and fringe benefits provided to school district professional employees who are represented by a labor organization on the 90th day before expiration of any previous collective bargaining agreement between the parties, or who were so represented if the effective date is retroactive, or the 90th day prior to commencement of negotiations if there is no previous collective bargaining agreement between the parties, without regard to any change in the number, rank or qualifications of the school district professional employees. For purposes of such determinations, any cost increase that is incurred on any day other than the beginning of the 12-month period commencing with the effective date of the agreement or any succeeding 12-month period commencing on the anniversary of that effective date shall be calculated as if the cost increase were incurred as of the beginning of the 12-month period beginning on the effective date or anniversary of the effective date in which the cost increase is incurred. In each collective bargaining unit to which subd. 5s. applies, the municipal employer shall transmit to the commission and the labor organization a completed form for calculating the total increased cost to the municipal employer of compensation and fringe benefits provided to the school district professional employees covered by the agreement as soon as possible after the effective date of the agreement.

SB55-SSA1-SA2, s. 2609h Section 2609h . 111.70 (4) (cm) 8s. b. of the statutes is created to read:

SB55-SSA1-SA2,393,2 111.70 (4) (cm) 8s. b. For the purpose of calculating fringe benefit costs under a qualified economic offer, the commission shall exclude from the calculation any increased costs in health insurance benefits that are in excess of the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, for the 12-month period ending on the preceding December 31.".

SB55-SSA1-SA2,393,3 1046. Page 912, line 20: after that line insert:

SB55-SSA1-SA2,393,4 " Section 2609j. 111.70 (1) (j) of the statutes is amended to read:

SB55-SSA1-SA2,393,11 111.70 (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, or instrumentality of one or more political subdivisions of the state, that engages the services of an employee and includes any person acting on behalf of a municipal employer within the scope of the person's authority, express or implied, but specifically does not include a local cultural arts district created under subch. V of ch. 229.".

SB55-SSA1-SA2,393,12 1047. Page 912, line 21: delete lines 21 to 24.

SB55-SSA1-SA2,393,13 1048. Page 913, line 1: delete lines 1 and 2.

SB55-SSA1-SA2,393,14 1049. Page 913, line 2: after that line insert:

SB55-SSA1-SA2,393,15 " Section 2610r. 111.71 (5m) of the statutes is created to read:

SB55-SSA1-SA2,393,17 111.71 (5m) Notwithstanding, s. 15.02 (4), the commission may not designate an attorney assigned to the commission as the general counsel or chief counsel.".

SB55-SSA1-SA2,393,18 1050. Page 913, line 2: after that line insert:

SB55-SSA1-SA2,393,19 " Section 2615c. 111.91 (2) (n) of the statutes is amended to read:

SB55-SSA1-SA2,393,21 111.91 (2) (n) The provision to employees of the health insurance coverage required under s. 632.895 (11) to (14) (15).".

SB55-SSA1-SA2,393,22 1051. Page 913, line 2: after that line insert:

SB55-SSA1-SA2,393,23 " Section 2610s. 111.71 (2e) of the statutes is created to read:

SB55-SSA1-SA2,394,2 111.71 (2e) If requested under s. 62.13 (5) (c), the commission shall appoint an arbitrator for the purposes of that subsection.".

SB55-SSA1-SA2,394,3 1052. Page 914, line 21: after that line insert:

SB55-SSA1-SA2,394,4 " Section 2625w. 115.28 (47) of the statutes is created to read:

SB55-SSA1-SA2,394,7 115.28 (47) Grant to Beloit College. Annually award the amount appropriated under s. 20.255 (2) (kj) to Beloit College to educate children and adults in southern Wisconsin about Native American cultures.".

SB55-SSA1-SA2,394,8 1053. Page 916, line 1: after that line insert:

SB55-SSA1-SA2,394,9 " Section 2657m. 115.435 (1) (c) of the statutes is amended to read:

SB55-SSA1-SA2,394,13 115.435 (1) (c) At least 65% 80% of the real property in the school district is exempt from taxation under s. 70.11, taxed as forest croplands under subch. I of ch. 77, owned by or held in trust for a federally recognized American Indian tribe, or owned by the federal government.".

SB55-SSA1-SA2,394,14 1054. Page 917, line 1: delete "from the appropriation under s. 20.255 (2) (b)".

SB55-SSA1-SA2,394,15 1055. Page 917, line 15: after that line insert:

SB55-SSA1-SA2,394,19 "(d) Aid under this subsection shall be paid from the appropriation account under s. 20.255 (2) (bb). If the amount appropriated in any fiscal year is insufficient to pay the full amount of aid under this subsection, the department shall prorate the payments.".

SB55-SSA1-SA2,394,20 1056. Page 917, line 22: after that line insert:

SB55-SSA1-SA2,394,21 " Section 2679c. 118.13 (1m) of the statutes is created to read:

SB55-SSA1-SA2,395,5 118.13 (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.

SB55-SSA1-SA2, s. 2679e Section 2679e. 118.13 (2) (am) of the statutes is created to read:

SB55-SSA1-SA2,395,12 118.13 (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.

SB55-SSA1-SA2, s. 2679g Section 2679g. 118.13 (2) (b) of the statutes is amended to read:

SB55-SSA1-SA2,395,15 118.13 (2) (b) Any person who receives a negative determination under par. (a) or (am) may appeal the determination to the state superintendent.

SB55-SSA1-SA2, s. 2679i Section 2679i. 118.13 (3) (a) 3. of the statutes is amended to read:

SB55-SSA1-SA2,395,21 118.13 (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.

SB55-SSA1-SA2, s. 2679k Section 2679k. 118.13 (3) (b) 1. of the statutes is amended to read:

SB55-SSA1-SA2,395,25 118.13 (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.

SB55-SSA1-SA2, s. 2679m Section 2679m. 118.13 (3) (b) 2. of the statutes is amended to read:

SB55-SSA1-SA2,396,4 118.13 (3) (b) 2. Assist school boards, charter schools, and private schools to comply with this section by providing information and technical assistance upon request.

SB55-SSA1-SA2, s. 2679p Section 2679p. 118.13 (4) of the statutes is amended to read:

SB55-SSA1-SA2,396,9 118.13 (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.".

SB55-SSA1-SA2,396,10 1057. Page 917, line 22: after that line insert:

SB55-SSA1-SA2,396,11 " Section 2679f. 118.115 (2) of the statutes is created to read:

SB55-SSA1-SA2,396,17 118.115 (2) Each school board shall establish a written policy regarding the use of classrooms and facilities by local organizations and businesses for employment-related training. The policy may condition access on payment of a reasonable fee, the availability of space, and the appropriateness of the training. The policy may limit access to activities that are consistent with the mission of the school district.".

SB55-SSA1-SA2,396,18 1058. Page 917, line 24: after "examinations" insert "and evaluations".

SB55-SSA1-SA2,396,20 1059. Page 918, line 2: after "by" insert "an ophthalmologist licensed under ch. 448, or had his or her eyes evaluated by".

SB55-SSA1-SA2,396,21 1060. Page 918, line 2: after "examination" insert "or evaluation".

SB55-SSA1-SA2,396,22 1061. Page 918, line 12: after "examination" insert "or evaluation".

SB55-SSA1-SA2,396,24 1062. Page 918, line 18: on lines 18 and 19, after "examinations" insert "or evaluations".

SB55-SSA1-SA2,397,1 1063. Page 918, line 19: after that line insert:

SB55-SSA1-SA2,397,2 " Section 2695e. 118.29 (2) (a) 2r. of the statutes is created to read:

SB55-SSA1-SA2,397,6 118.29 (2) (a) 2r. Except for glucagon administered under subd. 2., may administer glucagon to any pupil who appears to be experiencing a severe hypoglycemic event if, as soon as practicable, the school bus operator, employee, or volunteer reports the event to an emergency medical service provider.

SB55-SSA1-SA2, s. 2695m Section 2695m. 118.29 (2) (a) 3. of the statutes is amended to read:

SB55-SSA1-SA2,397,11 118.29 (2) (a) 3. Is immune from civil liability for his or her acts or omissions in administering a drug or prescription drug to a pupil under subd. 1., 2. or, 2m. or 2r. unless the act or omission constitutes a high degree of negligence. This subdivision does not apply to health care professionals.".