AB100: Bill Text

AB100, s. 1830 Section 1830. 101.175 (3) (intro.) of the statutes is amended to read:

AB100,886,22 101.175 (3) (intro.) The department, in consultation with the department of agriculture, trade and consumer protection justice, shall establish by rule quality standards for local energy resource systems which do not impede development of innovative systems but which do:

AB100, s. 1831 Section 1831. 101.9208 (1) (dm) of the statutes is amended to read:

AB100,887,5 101.9208 (1) (dm) Upon filing an application under par. (a) or (d), a supplemental title fee of $7.50 by the owner of the manufactured home, except that this fee shall be waived with respect to an application under par. (d) for transfer of a decedent's interest in a manufactured home to his or her surviving spouse. The fee specified under this paragraph is in addition to any other fee specified in this section. The department shall deposit into the environmental fund all fees collected under this paragraph.

AB100, s. 1832 Section 1832. 102.77 of the statutes is created to read:

AB100,887,8 102.77 Health care worker injury prevention. (1) Definitions. In this section:

AB100,887,9 (a) "Health care facility" has the meaning given in s. 146.997 (1) (c).

AB100,887,10 (b) "Health care provider" has the meaning given in s. 146.997 (1) (d).

AB100,887,12 (c) "Health care worker" means an employee of a health care facility or of a health care provider.

AB100,887,14 (2) Study, education campaign, and grants. From the appropriation account under s. 20.445 (1) (hr), the department shall do all of the following:

AB100,887,15 (a) Conduct a study of injuries to health care workers caused by lifting.

AB100,887,18 (b) Develop and distribute to health care facilities, health care providers, and health care workers informational materials that promote a lift-free working environment for health care workers.

AB100,887,23 (c) Distribute grants to health care facilities and health care providers to assist in the implementation of a lift-free working environment for the health care workers of those health care facilities and health care providers. The department shall require a grant recipient to provide matching funds in an amount determined by the department.

AB100, s. 1833 Section 1833. 102.81 (2) of the statutes is amended to read:

AB100,888,13 102.81 (2) The department may retain an insurance carrier or insurance service organization to process, investigate and pay claims under this section and may obtain excess or stop-loss reinsurance with an insurance carrier authorized to do business in this state in an amount that the secretary determines is necessary for the sound operation of the uninsured employers fund. In cases involving disputed claims, the department may retain an attorney to represent the interests of the uninsured employers fund and to make appearances on behalf of the uninsured employers fund in proceedings under ss. 102.16 to 102.29. Section 20.918 and all provisions of subch. IV of ch. 16, except s. 16.771, do not apply to an attorney hired under this subsection. The charges for the services retained under this subsection shall be paid from the appropriation under s. 20.445 (1) (hp). The cost of any reinsurance obtained under this subsection shall be paid from the appropriation under s. 20.445 (1) (sm).

AB100, s. 1834 Section 1834. 103.49 (5) (a) of the statutes is amended to read:

AB100,888,24 103.49 (5) (a) Each contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person performing the work described in sub. (2m) and an accurate record of the number of hours worked by each of those persons and the actual wages paid for the hours worked. By no later than the end of the week following a week in which a contractor, subcontractor, or contractor's or subcontractor's agent performs work on a project that is subject to this section, the contractor, subcontractor, or agent shall submit to the state agency authorizing the work a certified record of the information specified in the preceding sentence for that preceding week.

AB100, s. 1835 Section 1835. 106.12 (2) of the statutes is amended to read:

AB100,889,10 106.12 (2) Employment and education program administration. The board shall plan, coordinate, administer, and implement the youth apprenticeship program, school-to-work, and work-based learning programs under s. 106.13 (1) and such other employment and education programs as the governor may by executive order assign to the board. Notwithstanding any limitations placed on the use of state employment and education funds under this section or s. 106.13 or under an executive order assigning an employment and education program to the board, the board may issue a general or special order waiving any of those limitations on finding that the waiver will promote the coordination of employment and education services.

AB100, s. 1836 Section 1836. 106.13 (1) of the statutes is renumbered 106.13 (1) (intro.) and amended to read:

AB100,889,14 106.13 (1) (intro.) The department board shall provide a all of the following programs:

AB100,889,16 (a) A youth apprenticeship program that includes the grant programs under subs. (3m) and (4).

AB100, s. 1837 Section 1837. 106.13 (2) of the statutes is amended to read:

AB100,889,21 106.13 (2) The council on workforce investment established under 29 USC 2821, the technical college system board, and the department of public instruction shall assist the board in providing the youth apprenticeship program , the school-to-work program, and the work-based learning program under sub. (1).

AB100, s. 1838 Section 1838. 106.13 (2m) of the statutes is amended to read:

AB100,890,2 106.13 (2m) The board shall approve occupations and maintain a list of approved occupations for the youth apprenticeship program and shall approve statewide skill standards for the school-to-work program. From the appropriation under s. 20.445 (1) (7) (a), the board shall develop curricula for youth apprenticeship programs for occupations approved under this subsection.

AB100, s. 1839 Section 1839. 106.13 (3m) (b) (intro.) of the statutes is amended to read:

AB100,890,14 106.13 (3m) (b) (intro.) From the appropriation under s. 20.445 (1) (e) (7) (b), the board shall award grants to applying local partnerships for the implementation and coordination of local youth apprenticeship programs. A local partnership shall include in its grant application the identity of each public agency, nonprofit organization, individual, and other person who is a participant in the local partnership, a plan to accomplish the implementation and coordination activities specified in subds. 1. to 6., and the identity of a fiscal agent who shall be responsible for receiving, managing, and accounting for the grant moneys received under this paragraph. Subject to par. (c), a local partnership that is awarded a grant under this paragraph may use the grant moneys awarded for any of the following implementation and coordination activities:

AB100, s. 1840 Section 1840. 108.02 (13) (k) of the statutes is amended to read:

AB100,890,21 108.02 (13) (k) "Employer" does not include a county department or aging unit, or, under s. 46.2785, a private agency that serves as a fiscal agent or contracts with a fiscal intermediary to serve as a fiscal agent under s. 46.27 (5) (i) or 47.035 as to any individual performing services for a person receiving long-term support services under s. 46.27 (5) (b), 46.275, 46.277, 46.278, 46.2785, 46.286, 46.495, 51.42, or 51.437 or personal assistance services under s. 47.02 (6) (c).

AB100, s. 1841 Section 1841. 108.07 (8) (b) of the statutes is amended to read:

AB100,891,5 108.07 (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.

AB100, s. 1842 Section 1842. 111.70 (1) (b) of the statutes is amended to read:

AB100,891,10 111.70 (1) (b) "Collective bargaining unit" means a the unit consisting of municipal employees who are school district professional employees or of municipal employees who are not school district professional employees that is determined by the commission to be appropriate for the purpose of collective bargaining.

AB100, s. 1843 Section 1843. 111.70 (1) (dm) of the statutes is repealed.

AB100, s. 1844 Section 1844. 111.70 (1) (fm) of the statutes is repealed.

AB100, s. 1845 Section 1845. 111.70 (1) (nc) of the statutes is repealed.

AB100, s. 1846 Section 1846. 111.70 (4) (cm) 5s. of the statutes is repealed.

AB100, s. 1847 Section 1847. 111.70 (4) (cm) 6. a. of the statutes is amended to read:

AB100,892,6 111.70 (4) (cm) 6. a. If in any collective bargaining unit a dispute relating to one or more issues, qualifying for interest arbitration under subd. 5s. in a collective bargaining unit to which subd. 5s. applies, has not been settled after a reasonable period of negotiation and after mediation by the commission under subd. 3. and other settlement procedures, if any, established by the parties have been exhausted, and the parties are deadlocked with respect to any dispute between them over wages, hours and conditions of employment to be included in a new collective bargaining agreement, either party, or the parties jointly, may petition the commission, in writing, to initiate compulsory, final and binding arbitration, as provided in this paragraph. At the time the petition is filed, the petitioning party shall submit in writing to the other party and the commission its preliminary final offer containing its latest proposals on all issues in dispute. Within 14 calendar days after the date of that submission, the other party shall submit in writing its preliminary final offer on all disputed issues to the petitioning party and the commission. If a petition is filed jointly, both parties shall exchange their preliminary final offers in writing and submit copies to the commission at the time the petition is filed.

AB100, s. 1848 Section 1848. 111.70 (4) (cm) 6. am. of the statutes is amended to read:

AB100,894,2 111.70 (4) (cm) 6. am. Upon receipt of a petition to initiate arbitration, the commission shall make an investigation, with or without a formal hearing, to determine whether arbitration should be commenced. If in determining whether an impasse exists the commission finds that the procedures set forth in this paragraph have not been complied with and such compliance would tend to result in a settlement, it may order such compliance before ordering arbitration. The validity of any arbitration award or collective bargaining agreement shall not be affected by failure to comply with such procedures. Prior to the close of the investigation each party shall submit in writing to the commission its single final offer containing its final proposals on all issues in dispute that are subject to interest arbitration under this subdivision or under subd. 5s. in collective bargaining units to which subd. 5s. applies. If a party fails to submit a single, ultimate final offer, the commission shall close the investigation based on the last written position of the party. The municipal employer may not submit a qualified economic offer under subd. 5s. after the close of the investigation. Such final offers may include only mandatory subjects of bargaining, except that a permissive subject of bargaining may be included by a party if the other party does not object and shall then be treated as a mandatory subject. No later than such time, the parties shall also submit to the commission a stipulation, in writing, with respect to all matters which are agreed upon for inclusion in the new or amended collective bargaining agreement. The commission, after receiving a report from its investigator and determining that arbitration should be commenced, shall issue an order requiring arbitration and immediately submit to the parties a list of 7 arbitrators. Upon receipt of such list, the parties shall alternately strike names until a single name is left, who shall be appointed as arbitrator. The petitioning party shall notify the commission in writing of the identity of the arbitrator selected. Upon receipt of such notice, the commission shall formally appoint the arbitrator and submit to him or her the final offers of the parties. The final offers shall be considered public documents and shall be available from the commission. In lieu of a single arbitrator and upon request of both parties, the commission shall appoint a tripartite arbitration panel consisting of one member selected by each of the parties and a neutral person designated by the commission who shall serve as a chairperson. An arbitration panel has the same powers and duties as provided in this section for any other appointed arbitrator, and all arbitration decisions by such panel shall be determined by majority vote. In lieu of selection of the arbitrator by the parties and upon request of both parties, the commission shall establish a procedure for randomly selecting names of arbitrators. Under the procedure, the commission shall submit a list of 7 arbitrators to the parties. Each party shall strike one name from the list. From the remaining 5 names, the commission shall randomly appoint an arbitrator. Unless both parties to an arbitration proceeding otherwise agree in writing, every individual whose name is submitted by the commission for appointment as an arbitrator shall be a resident of this state at the time of submission and every individual who is designated as an arbitration panel chairperson shall be a resident of this state at the time of designation.

AB100, s. 1849 Section 1849. 111.70 (4) (cm) 8m. a. and c. of the statutes are consolidated, renumbered 111.70 (4) (cm) 8m. and amended to read:

AB100,894,18 111.70 (4) (cm) 8m. `Term of agreement; reopening of negotiations.' Except for the initial collective bargaining agreement between the parties and, except as the parties otherwise agree, and except as provided in par. (cn), every collective bargaining agreement covering municipal employees subject to this paragraph other than school district professional employees shall be for a term of 2 years. No, but in no case may a collective bargaining agreement for any collective bargaining unit consisting of municipal employees subject to this paragraph other than school district professional employees shall be for a term exceeding 3 years. c. No arbitration award may contain a provision for reopening of negotiations during the term of a collective bargaining agreement, unless both parties agree to such a provision. The requirement for agreement by both parties does not apply to a provision for reopening of negotiations with respect to any portion of an agreement that is declared invalid by a court or administrative agency or rendered invalid by the enactment of a law or promulgation of a federal regulation.

AB100, s. 1850 Section 1850. 111.70 (4) (cm) 8m. b. of the statutes is repealed.

AB100, s. 1851 Section 1851. 111.70 (4) (cm) 8p. of the statutes is repealed.

AB100, s. 1852 Section 1852. 111.70 (4) (cm) 8s. of the statutes is repealed.

AB100, s. 1853 Section 1853. 111.70 (4) (d) 2. a. of the statutes is amended to read:

AB100,896,2 111.70 (4) (d) 2. a. The commission shall determine the appropriate collective bargaining unit for the purpose of collective bargaining and shall whenever possible, unless otherwise required under this subchapter, avoid fragmentation by maintaining as few collective bargaining units as practicable in keeping with the size of the total municipal work force. In making such a determination, the commission may decide whether, in a particular case, the municipal employees in the same or several departments, divisions, institutions, crafts, professions, or other occupational groupings constitute a collective bargaining unit. Before making its determination, the commission may provide an opportunity for the municipal employees concerned to determine, by secret ballot, whether or not they desire to be established as a separate collective bargaining unit. The commission shall not decide, however, that any group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both municipal employees who are school district professional employees and municipal employees who are not school district professional employees. The commission shall not decide , however, that any other group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both professional employees and nonprofessional employees, unless a majority of the professional employees vote for inclusion in the unit. The commission shall not decide that any group of municipal employees constitutes an appropriate collective bargaining unit if the group includes both craft employees and noncraft employees unless a majority of the craft employees vote for inclusion in the unit. The commission shall place the professional employees who are assigned to perform any services at a charter school, as defined in s. 115.001 (1), in a separate collective bargaining unit from a unit that includes any other professional employees whenever at least 30% of those professional employees request an election to be held to determine that issue and a majority of the professional employees at the charter school who cast votes in the election decide to be represented in a separate collective bargaining unit. Any vote taken under this subsection shall be by secret ballot.

AB100, s. 1854 Section 1854. 111.815 (3) of the statutes is amended to read:

AB100,896,6 111.815 (3) With regard to collective bargaining activities involving employees who are assistant district attorneys, the director of the office shall maintain close liaison with the secretary department of administration justice.

AB100, s. 1855 Section 1855. 115.28 (45) of the statutes is created to read:

AB100,896,13 115.28 (45) Grants for advanced placement courses. From the appropriation under s. 20.255 (2) (fw), award grants to school districts to partially reimburse them for the costs of offering advanced placement courses in high schools that are not offering such courses. A grant may not exceed an amount equal to $300 multiplied by the number of pupils in the high school's advanced placement courses in the fall or spring session in which the grant is awarded.

AB100, s. 1856 Section 1856. 115.28 (47m) of the statutes is created to read:

AB100,896,17 115.28 (47m) Grant to Beloit College. Annually award the amount appropriated under s. 20.255 (2) (kn) to Beloit College to educate children and adults in southern Wisconsin about Native American cultures.

AB100, s. 1857 Section 1857. 115.29 (6) of the statutes is created to read:

AB100,896,22 115.29 (6) English language proficiency assessment system. Assist in the establishment of, and participate in, a consortium of state education agencies organized to obtain public and private funds to be used to purchase an English language proficiency assessment system.

AB100, s. 1858 Section 1858. 115.341 (1) of the statutes is amended to read:

AB100,897,4 115.341 (1) From the appropriation under s. 20.255 (2) (cm), the state superintendent shall reimburse each school board 10 15 cents for each breakfast served at a school that meets the requirements of 7 CFR 220.8 or 220.8a, whichever is applicable, and shall reimburse each governing body of a private school 10 15 cents for each breakfast served at the private school that meets the requirements of 7 CFR 220.8 or 220.8a, whichever is applicable.

AB100, s. 1859 Section 1859. 115.3615 of the statutes is amended to read:

AB100,897,18 115.3615 Head start supplement. From the appropriations appropriation under s. 20.255 (2) (eh) and (kh), the state superintendent shall distribute funds to agencies determined by the state superintendent to be eligible for designation as head start agencies under 42 USC 9836 to provide comprehensive health, educational, nutritional, social and other services to economically disadvantaged children and their families. The state superintendent shall distribute the funds in a manner consistent with 42 USC 9831 to 9852 except that there is no matching fund requirement. The state superintendent shall give preference in funding under this section to agencies that are receiving federal funds under 42 USC 9831 to 9852 and to agencies that operate full-time or early head start programs. Funds distributed under this section may be used to match available federal funds under 42 USC 9831 to 9852 only if the funds are used to secure additional federal funds for the purposes under this section.

AB100, s. 1860 Section 1860. 115.40 of the statutes is created to read:

AB100,897,24 115.40 Grants for differentiated compensation programs. (1) During the 2005-07 fiscal biennium, a school district is eligible for a grant under this section for the design, development, and implementation of a differentiated compensation program that bases all or part of teacher salary increases on one or more of the following factors:

AB100,898,2 (a) An increase in a teacher's knowledge about teaching or about the subjects he or she teaches or an improvement in a teacher's teaching skills.

AB100,898,4 (b) The assumption by a teacher of additional leadership responsibilities, including mentoring other teachers.

AB100,898,6 (c) The assignment of a teacher to a grade level or subject area in which there are teacher shortages.

AB100,898,8 (d) The assignment of a teacher to a school that is difficult to staff or that is low in pupil performance.

AB100,898,11 (2) From the appropriation under s. 20.255 (2) (dc), the department shall award two-year, nonrenewable grants under this section to no more than 20 school districts. The amount of a grant may not exceed $100,000.

AB100,898,14 (3) Within 90 days after the end of the grant period, each school board receiving a grant under this section shall submit to the department a report that summarizes the activities funded by the grant.

AB100,898,15 (4) The department shall do all of the following:

AB100,898,17 (a) Award grants under this section in a competitive process based on criteria designed by the department.

AB100,898,20 (b) In awarding grants, give preference to school districts that demonstrate the support of the teachers employed by the school district, the community, and the businesses in the community.

AB100,898,23 (c) In awarding grants, make all reasonable efforts to reflect the diversity of school districts in size of enrollment, ethnicity, location, family income, and density of population.

AB100,898,24 (d) Promulgate rules to implement and administer this section.

AB100,899,3 (5) This section does not affect a school district's duty to bargain with the employees collective bargaining representative over wages, hours, and conditions of employment.

AB100, s. 1861 Section 1861. 115.405 (1) of the statutes is renumbered 115.405 (1) (a) and amended to read:

AB100,899,18 115.405 (1) (a) 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 subsection 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 subsection, 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.

AB100, s. 1862 Section 1862. 115.405 (2) of the statutes is renumbered 115.405 (1) (b) and amended to read:

AB100,899,23 115.405 (1) (b) The department shall award grants under par. (a) 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.

AB100, s. 1863 Section 1863. 115.405 (2m) of the statutes is created to read:

AB100,900,2 115.405 (2m) (a) In this subsection, "initial educator" means a person who is licensed by the department as an initial educator under s. PI 34.17, Wis. Adm. Code.

AB100,900,9 (b) From the appropriation under s. 20.255 (2) (fh), the department shall award a grant to each person employing an initial educator in a position requiring a teaching license issued by the department under s. 115.28 (7), for each initial educator so employed. The amount of the grant shall be equal to the amount that the employer is spending to provide a mentor for the initial educator, but not more than $375. The employer shall use the money to provide a mentor for each initial educator employed.

AB100,900,12 (c) If the amount appropriated under s. 20.255 (2) (fh) in any fiscal year is insufficient to fully fund the grants under this subsection, the department shall prorate the payments to eligible persons.

AB100, s. 1864 Section 1864. 115.42 (title) of the statutes is amended to read:

AB100,900,15 115.42 (title) National Grants for national teacher certification or master educator licensure.

AB100, s. 1865 Section 1865. 115.42 (1) (a) 1. of the statutes is amended to read:

AB100,900,19 115.42 (1) (a) 1. The person is certified by the National Board for Professional Teaching Standards or licensed by the department as a master educator under s. PI 34.19, Wis. Adm. Code.

AB100, s. 1866 Section 1866. 115.42 (1) (a) 2. of the statutes is amended to read:

AB100,900,24 115.42 (1) (a) 2. The person is licensed as a teacher by the state superintendent, or employed as a teacher in a private school located in this state in a position that would require a license issued by the state superintendent if the position were in a public school.