AB768: Bill Text

AB768, s. 328 Section 328. 101.127 of the statutes is amended to read:

AB768,181,16 101.127 Building requirements for certain residential facilities. The department, after consultation with the department of health and family services, shall develop a building code for previously constructed buildings converted to use as community-based residential facilities as defined in s. 50.01 (1g) which serve between 9 and 20 unrelated residents who are not related to the operator or administrator. In setting standards, the department shall consider the criteria enumerated in ss. 46.03 (25) and 50.02 (3) (b), and in addition shall consider the relationship of the development and enforcement of the code to any relevant codes of the department of health and family services. The objectives of the code shall be to guarantee health and safety and to maintain insofar as possible a homelike environment. The department shall consult with the residential facilities council in developing the code. Notwithstanding s. 101.121, a historic building as defined in s. 101.121 (2) (am) which is converted to use as a community-based residential facility serving between 9 and 20 unrelated residents who are not related to the operator or administrator is governed only by the building code promulgated under this section.

AB768, s. 329 Section 329. 101.13 (title) of the statutes is amended to read:

AB768,181,19 101.13 (title) Physically disabled persons; place of employment and public building requirements.

AB768, s. 330 Section 330. 101.132 of the statutes is created to read:

AB768,181,22 101.132 Physically disabled persons; housing requirements. (1) Definitions. In this section:

AB768,181,23 (e) "Disability" has the meaning given in s. 106.04 (1m) (g).

AB768,181,24 (f) "Dwelling unit" has the meaning given in s. 106.04 (1m) (i).

AB768,181,25 (g) "Housing" has the meaning given in s. 106.04 (1m) (L).

AB768,182,5 (2) Discrimination against persons with physical disabilities prohibited. (a) Design and construction of covered multifamily housing. In addition to discrimination prohibited under s. 106.04 (2), (2m) and (2r) (b) and (bm), no person may design or construct covered multifamily housing unless it meets all of the following standards:

AB768, s. 331 Section 331. 101.143 (6s) of the statutes is created to read:

AB768,182,21 101.143 (6s) Arbitration. Upon the request of a person who files an appeal of a decision of the department under this section, if the amount at issue is $20,000 or less, the appeal shall be heard by one or more individuals designated by the department to serve as arbitrator under rules promulgated for this purpose by the department. In such an arbitration, the arbitrator shall render a decision at the conclusion of the hearing, or within 5 business days after the conclusion of the hearing if the arbitrator determines that additional time is needed to review materials submitted during the hearing, affirming, modifying or rejecting the decision of the department. The arbitrator shall promptly file his or her decision with the department. The decision of the arbitrator is final and shall stand as the decision of the department. An arbitrator's decision may not be cited as precedent in any other proceeding before the department or before any court. A decision under this subsection is subject to review under ss. 227.53 to 227.57 only on the ground that the decision was procured by corruption, fraud or undue means. The record of a proceeding under this subsection shall be transcribed as provided in s. 227.44 (8).

AB768, s. 332 Section 332. 102.27 (2) (a) of the statutes is amended to read:

AB768,182,24 102.27 (2) (a) A benefit under this chapter is assignable under s. 46.10 (14) (e), 301.12 (14) (e), 767.23 (1) (L), 767.25 (4m) (c), 767.265 (1) or 767.51 (3m) (c).

AB768, s. 333 Section 333. 102.33 (2) (b) 5. of the statutes is created to read:

AB768,183,4 102.33 (2) (b) 5. The department of revenue requests the record for the purpose of locating a person, or the assets of a person, who has failed to file tax returns, who has underreported taxable income or who is a delinquent taxpayer; identifying fraudulent tax returns; or providing information for tax-related prosecutions.

AB768, s. 334 Section 334. 106.04 (2r) (a) (intro.) of the statutes is repealed.

AB768, s. 335 Section 335. 106.04 (2r) (a) 1. of the statutes is renumbered 101.132 (1) (a).

AB768, s. 336 Section 336. 106.04 (2r) (a) 2. of the statutes is renumbered 101.132 (1) (b).

AB768, s. 337 Section 337. 106.04 (2r) (a) 3. of the statutes is renumbered 101.132 (1) (c).

AB768, s. 338 Section 338. 106.04 (2r) (a) 4. of the statutes is renumbered 101.132 (1) (d).

AB768, s. 339 Section 339. 106.04 (2r) (a) 5. of the statutes is renumbered 101.132 (1) (h) and amended to read:

AB768,183,15 101.132 (1) (h) "Remodeling" "Remodel" means to substantially improve, alter, extend or otherwise change the structure of a building or change the location of exits, but shall does not include maintenance, redecoration, reroofing or alteration of mechanical or electrical systems.

AB768, s. 340 Section 340. 106.04 (2r) (a) 6. of the statutes is renumbered 101.132 (1) (i).

AB768, s. 341 Section 341. 106.04 (2r) (c) (intro.) of the statutes is renumbered 106.04 (2r) (c) and amended to read:

AB768,184,2 106.04 (2r) (c) Design and construction of covered multifamily housing. In addition to discrimination prohibited under pars. (b) and (bm) and subs. (2) and (2m), no person may design or construct covered multifamily housing, as defined in s. 101.132 (1) (d), unless it meets all of the following the standards: specified in s. 101.132 (2) (a) 1. to 4. In addition, no person may remodel, as defined in s. 101.132 (1) (h), housing with 3 or more dwelling units unless the remodeled housing meets the standards specified in s. 101.132 (2) (a) 1. to 4. as required under s. 101.132 (2) (b) 1., 2. or 3., whichever is applicable.

AB768, s. 342 Section 342. 106.04 (2r) (c) 1. of the statutes is renumbered 101.132 (2) (a) 1.

AB768, s. 343 Section 343. 106.04 (2r) (c) 2. of the statutes is renumbered 101.132 (2) (a) 2.

AB768, s. 344 Section 344. 106.04 (2r) (c) 3. of the statutes is renumbered 101.132 (2) (a) 3.

AB768, s. 345 Section 345. 106.04 (2r) (c) 4. of the statutes is renumbered 101.132 (2) (a) 4.

AB768, s. 346 Section 346. 106.04 (2r) (d) of the statutes is renumbered 101.132 (2) (b) and amended to read:

AB768,184,12 101.132 (2) (b) Remodeling. 1. If more than 50% of the interior square footage of any housing with 3 or more dwelling units is to be remodeled, the entire housing shall conform to the standards in par. (c) (a), regardless of when the housing was first intended for occupancy.

AB768,184,16 2. If 25% to 50% of the interior square footage of any housing with 3 or more dwelling units is to be remodeled, that part of the housing that is to be remodeled shall conform to the standards in par. (c) (a), regardless of when the housing was first intended for occupancy.

AB768,184,22 3. If less than 25% of the interior square footage of any housing with 3 or more dwelling units is to be remodeled, the remodeling is not subject to the standards in par. (c) (a) unless the alteration involves work on doors, entrances, exits or toilet rooms, in which case the doors, entrances, exits or toilet rooms shall conform to the standards in par. (c) (a) regardless of when the housing was first intended for occupancy.

AB768,184,25 4. The department may grant a variance or waiver from the requirements under this paragraph relating to exterior accessibility using the standards and procedures under par. (e) (c).

AB768, s. 347 Section 347. 106.04 (2r) (e) of the statutes is renumbered 101.132 (2) (c) and amended to read:

AB768,185,10 101.132 (2) (c) Permit and variance procedures. 1. Plans and specifications for all covered multifamily housing subject to par. (c) (a) and proposed remodeling subject to par. (d) (b) shall be submitted to the department or its authorized representative for examination and approval before commencing work. The department shall promulgate rules that specify the materials to be included in the submittal, the procedures to be followed upon receipt of a submittal, reasonable time limitations for reviewing submittals and issuing or denying permits and qualifications for authorized representatives.

AB768,185,23 2. The department may grant a variance from the requirements relating to exterior accessibility under par. (c) (a) 1. or (d) (b), or from administrative rules promulgated under sub. (1s) par. (e) 2. or 3., if the person designing, constructing or remodeling the housing shows that meeting those requirements is impractical because of the terrain or unusual characteristics of the site. The department shall use a slope analysis of the undisturbed site for covered multifamily housing under par. (c) (a) or the existing site for remodeling under par. (d) (b) to determine the minimum number of accessible entrances at each site, with a minimum goal of exterior accessibility of 50% of the dwelling units of covered multifamily housing at one site. The department may impose specific conditions in granting a variance to promote exterior accessibility of the housing to persons with disabilities. If the department finds that exterior accessibility is impractical as to all dwelling units at a site, it may grant a waiver from the requirements under par. (c) (a) 1. or (d) (b).

AB768, s. 348 Section 348. 106.04 (2r) (f) (title) and 1. of the statutes are renumbered 101.132 (2) (d) (title) and 1.

AB768, s. 349 Section 349. 106.04 (2r) (f) 2. of the statutes is renumbered 101.132 (2) (d) 2. and amended to read:

AB768,186,7 101.132 (2) (d) 2. Subdivision 1. does not apply to remodeled or covered multifamily housing for which a building permit is issued on or after the first day of the 7th month beginning after the effective date of administrative rules promulgated by the department under this subsection establishing the accessibility standards for design and construction under par. (c) January 1, 1995.

AB768, s. 350 Section 350. 106.04 (2r) (g) (title) and 1. of the statutes are renumbered 101.132 (2) (e) (title) and 1.

AB768, s. 351 Section 351. 106.04 (2r) (g) 2. of the statutes is renumbered 101.132 (2) (e) 2. and amended to read:

AB768,186,16 101.132 (2) (e) 2. The department shall promulgate rules establishing minimum accessibility requirements for the design and construction of covered multifamily housing and the remodeling of housing that are consistent with this subsection, that incorporate the applicable standards under ANSI A117.1 and that set forth permit and variance procedures for purposes of par. (e) (c).

AB768, s. 352 Section 352. 106.04 (2r) (g) 3. of the statutes is renumbered 101.132 (2) (e) 3.

AB768, s. 353 Section 353. 106.04 (6) (a) 3. of the statutes is amended to read:

AB768,186,23 106.04 (6) (a) 3. The complaint may be filed by an aggrieved person, by an interested person, or by the department of workforce development under par. (b) or, if the complaint charges a violation of sub. (2r) (c), by the department of commerce. The department of workforce development shall, upon request, provide appropriate assistance in completing and filing complaints.

AB768, s. 354 Section 354. 106.04 (6) (b) of the statutes is amended to read:

AB768,187,13 106.04 (6) (b) Powers and duties of department. The department of workforce development and its duly authorized agents may hold hearings, subpoena witnesses, take testimony and make investigations as provided in this subsection. The department of workforce development may test and investigate for the purpose of establishing violations of sub. (2), (2m) or (2r) and may make, sign and file complaints alleging violations of sub. (2), (2m) or (2r). In addition, the department of commerce may make, sign and file complaints alleging violations of sub. (2r) (c). The department of workforce development shall employ examiners to hear and decide complaints of discrimination under this section, and to assist in the administration of this section. The examiners may make findings and issue orders under this subsection. The department of workforce development shall develop and implement an investigation manual for use in conducting investigations under par. (c).

AB768, s. 355 Section 355. 111.70 (1) (fm) of the statutes is created to read:

AB768,187,21 111.70 (1) (fm) "Fringe benefit savings" means the amount, if any, by which 1.7% of the total compensation and fringe benefit costs for all municipal employes in a collective bargaining unit for any 12-month period covered by a proposed collective bargaining agreement exceeds 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.

AB768, s. 356 Section 356. 111.70 (1) (nc) 1. b. of the statutes is amended to read:

AB768,188,25 111.70 (1) (nc) 1. b. In any collective bargaining unit in which the municipal employe positions were on August 12, 1993, assigned to salary ranges with steps that determine the levels of progression within each salary range during a 12-month period, a proposal to provide for a salary increase of at least one full step for each 12-month period covered by the proposed collective bargaining agreement, beginning with the expiration date of any previous collective bargaining agreement, for each municipal employe who is eligible for a within range salary increase, 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 proposed collective bargaining agreement, in which case the offer shall include provision for a salary increase for each such municipal employe in an amount at least equivalent to that portion of a step for each such 12-month period that can be funded after the increased cost in excess 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 is subtracted, or in an amount equivalent to that portion of a step for each such 12-month period that can be funded from the amount 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 is subtracted on a prorated basis, whichever is the lower amount.

AB768, s. 357 Section 357. 111.70 (1) (nc) 1. c. of the statutes is amended to read:

AB768,190,8 111.70 (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.

AB768, s. 358 Section 358. 115.31 (title) of the statutes is amended to read:

AB768,190,10 115.31 (title) License or permit revocation; reports; investigation.

AB768, s. 359 Section 359. 115.31 (6m) of the statutes is created to read:

AB768,190,15 115.31 (6m) The department of public instruction shall, without a hearing, revoke a license or permit granted by the department of public instruction if the department of revenue certifies under s. 73.0301 that the licensee or permit holder is liable for delinquent taxes.

AB768, s. 360 Section 360. 115.405 of the statutes is created to read:

AB768,191,4 115.405 Grant program for peer review and mentoring. (1) A cooperative educational service agency or a consortium consisting of 2 or more school districts or cooperative educational service agencies, or a combination thereof, may apply to the department for a grant to provide technical assistance and training for teachers who are licensed or have been issued a permit under ss. 115.28 (7) and 118.192 to implement peer review and mentoring programs. An applicant for a grant under this section shall submit to the department a plan identifying the school districts and cooperative educational service agencies that will participate in the peer review and mentoring program and describing how the grant funds will be allocated. As a condition of receiving a grant under this section, a cooperative educational service agency or a consortium shall provide matching funds in an amount equal to at least 20% of the amount of the grant awarded. The matching funds may be in the form of money or in-kind services or both.

AB768,191,7 (2) The department shall award grants from the appropriation under s. 20.255 (2) (fk). The department may not award more than $25,000 to an applicant in a fiscal year.

AB768,191,9 (3) The department shall promulgate rules to implement and administer this section.

AB768, s. 361 Section 361. 115.42 of the statutes is created to read:

AB768,191,18 115.42 National teacher certification. (1) Beginning July 1, 1999, any person who holds a teacher's license issued by the state superintendent and who becomes certified by the National Board for Professional Teaching Standards while employed as a teacher in this state may apply to the department for a grant and for partial reimbursement of the costs of obtaining certification. Upon receipt of an application, the department shall pay to the person, from the appropriation under s. 20.255 (3) (c), $3,000 plus an amount equal to one-half the costs of obtaining such certification.

AB768,191,23 (2) The department may not require, as a condition for renewing a person's teaching license, that the person have earned continuing professional education credits or their equivalent in the 5 years immediately preceding his or her application for renewal if he or she has been initially certified by the National Board for Professional Teaching Standards during those 5 years.

AB768, s. 362 Section 362. 118.19 (1m) of the statutes is created to read:

AB768,192,6 118.19 (1m) (a) The department of public instruction may not issue or renew a license or permit or revalidate a license that has no expiration date unless the applicant provides the department of public instruction with his or her social security number. The department of public instruction may not disclose the social security number except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768,192,10 (b) The department of public instruction may not issue or renew a license or permit or revalidate a license that has no expiration date if the department of revenue certifies under s. 73.0301 that the applicant, licensee or permit holder is liable for delinquent taxes.

AB768, s. 363 Section 363. 118.30 (1g) (c) of the statutes is created to read:

AB768,192,17 118.30 (1g) (c) Each school board operating elementary grades may develop or adopt its own examination designed to measure pupil attainment of knowledge and concepts in the 4th grade and may develop or adopt its own examination designed to measure pupil attainment of knowledge and concepts in the 8th grade. If the school board develops or adopts an examination under this paragraph, it shall notify the department.

AB768, s. 364 Section 364. 118.30 (1m) (a) of the statutes is renumbered 118.30 (1m) (a) 1. and amended to read:

AB768,193,2 118.30 (1m) (a) 1. Beginning in the 1996-97 school year, administer Administer the 4th grade examination adopted or approved by the state superintendent under sub. (1) (a) to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 4th grade. If the school board has not developed and adopted its own 4th grade examination, the school board shall provide a pupil with at least 2 opportunities to achieve a score on the examination administered under this subdivision that is sufficient for promotion under sub. (5) (a) 1.

AB768, s. 365 Section 365. 118.30 (1m) (a) 2. of the statutes is created to read:

AB768,193,8 118.30 (1m) (a) 2. If the school board has developed or adopted its own 4th grade examination, administer that examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 4th grade. The school board shall provide a pupil with at least 2 opportunities to pass the examination administered under this subdivision.

AB768, s. 366 Section 366. 118.30 (1m) (am) of the statutes is renumbered 118.30 (1m) (am) 1. and amended to read:

AB768,193,17 118.30 (1m) (am) 1. Administer the 8th grade examination adopted or approved by the state superintendent under sub. (1) (a) to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 8th grade. If the school board has not developed and adopted its own 8th grade examination, the school board shall provide a pupil with at least 2 opportunities to achieve a score on the examination administered under this subdivision that is sufficient for promotion under sub. (5) (b) 1.

AB768, s. 367 Section 367. 118.30 (1m) (am) 2. of the statutes is created to read:

AB768,193,23 118.30 (1m) (am) 2. If the school board has developed or adopted its own 8th grade examination, administer that examination to all pupils enrolled in the school district, including pupils enrolled in charter schools located in the school district, in the 8th grade. The school board shall provide a pupil with at least 2 opportunities to pass the examination administered under this subdivision.

AB768, s. 368 Section 368. 118.30 (5) of the statutes is created to read:

AB768,194,2 118.30 (5) (a) Except as provided in par. (c), a school board may not promote a 4th grade pupil to the 5th grade unless one of the following applies:

AB768,194,6 1. If the school board does not administer its own 4th grade examination under sub. (1m) (a) 2., the pupil's score in each subject area on the examination administered under sub. (1m) (a) 1. is at the basic level or above, as determined by the state superintendent.

AB768,194,9 2. If the school board administers its own 4th grade examination under sub. (1m) (a) 2., the pupil achieves a passing score on that examination, as determined by the school board.

AB768,194,11 (b) Except as provided in par. (c), a school board may not promote an 8th grade pupil to the 9th grade unless one of the following applies:

AB768,194,15 1. If the school board does not administer its own 8th grade examination under sub. (1m) (am) 2., the pupil's score in each subject area on the examination administered under sub. (1m) (am) 1. is at the basic level or above, as determined by the state superintendent.

AB768,194,18 2. If the school board administers its own 8th grade examination under sub. (1m) (am) 2., the pupil achieves a passing score on that examination, as determined by the school board.

AB768,194,23 (c) Each school board shall develop alternative criteria for evaluating a pupil who did not take the 4th grade or the 8th grade examination that was required for promotion as a result of sub. (2) (b). A school board may promote a pupil who did not take the examination that was required for promotion as a result of sub. (2) (b) if the pupil satisfies the alternative criteria.

AB768, s. 369 Section 369. 121.15 (3m) (c) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,195,3 121.15 (3m) (c) By June 30, 1998 1999, and annually by June 30 thereafter, the joint committee on finance shall determine the amount appropriated under s. 20.255 (2) (ac) in the following school year.