AB100: Bill Text Engrossed

AB100-engrossed,760,21 100.20 (1n) It is an unfair method of competition or an unfair trade practice for any person to sell cigarettes to consumers in this state in violation of s. 139.345.

AB100-engrossed, s. 1829p Section 1829p. 101.143 (9m) (g) 2. of the statutes is amended to read:

AB100-engrossed,761,5 101.143 (9m) (g) 2. Revenue obligations issued under this subsection may not exceed $436,000,000 $386,924,000 in principal amount, excluding any obligations that have been defeased under a cash optimization program administered by the building commission. In addition to this limit on principal amount, the building commission may contract revenue obligations under this subsection as the building commission determines is desirable to fund or refund outstanding revenue obligations, to pay issuance or administrative expenses, to make deposits to reserve funds, or to pay accrued or capitalized interest.

AB100-engrossed, s. 1830e Section 1830e. 101.63 (3m) of the statutes is renumbered 101.657 (1) and amended to read:

AB100-engrossed,761,11 101.657 (1) Contract The department shall contract with a private organization to provide education regarding construction standards and inspection requirements under this subchapter and under rules promulgated under this subchapter to builders of dwellings in this state.

AB100-engrossed,761,16 (4) Each contract under sub. (1), (2), and (3) shall be a separate contract. The department may only contract with an organization under this subsection if the organization is is limited for these contracts to contracting only with organizations that are described in section 501 (c) (6) of the Internal Revenue Code and is are exempt from federal income tax under section 501 (a) of the Internal Revenue Code.

AB100-engrossed, s. 1830g Section 1830g. 101.657 (title) of the statutes is created to read:

AB100-engrossed,761,18 101.657 (title) Education contracts for builders and consumers.

AB100-engrossed, s. 1830h Section 1830h. 101.657 (2) of the statutes is created to read:

AB100-engrossed,761,21 101.657 (2) The department shall contract with a private organization to provide education regarding business practices to builders of dwellings in this state.

AB100-engrossed, s. 1830j Section 1830j. 101.657 (3) of the statutes is created to read:

AB100-engrossed,762,2 101.657 (3) The department shall contract with a private organization to provide education regarding the dwelling building process to consumers in this state. The education curriculum shall include selecting a contractor, the construction process, and consumer protection.

AB100-engrossed, s. 1830m Section 1830m. 101.657 (5) of the statutes is created to read:

AB100-engrossed,762,7 101.657 (5) From the appropriation under s. 20.143 (3) (j), beginning with fiscal year 2005-06, the department shall allocate $100,000 annually for the contract required under sub. (2) and at least $600,000 annually for the contract required under sub. (3).

AB100-engrossed, s. 1834v Section 1834v. 106.12 (title) of the statutes is repealed.

AB100-engrossed, s. 1834x Section 1834x. 106.12 (1) of the statutes is repealed.

AB100-engrossed, s. 1835d Section 1835d. 106.12 (2) of the statutes is renumbered 106.12 and amended to read:

AB100-engrossed,762,21 106.12 Employment and education program administration. The board department shall plan, coordinate, administer, and implement the youth apprenticeship program under s. 106.13 (1) and such other employment and education programs as the governor may by executive order assign to the board department. 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 department, the board department 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-engrossed, s. 1835g Section 1835g. 106.12 (3) of the statutes is repealed.

AB100-engrossed, s. 1835m Section 1835m. 106.12 (4) of the statutes is renumbered 38.40 (4r) and amended to read:

AB100-engrossed,763,7 38.40 (4r) Publications and seminars. The board may provide publications and seminars relating to the employment and education programs administered by the board and may establish a schedule of fees for those publications and seminars. Fees established under this subsection for publications and seminars provided by the board may not exceed the actual cost incurred in providing those publications and seminars. The fees collected under this subsection shall be credited to the appropriation account under s. 20.445 (7) 20.292 (1) (ga).

AB100-engrossed, s. 1835p Section 1835p. 106.13 (title) of the statutes is amended to read:

AB100-engrossed,763,10 106.13 (title) Youth apprenticeship, school-to-work and work-based learning programs program.

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

AB100-engrossed,763,15 106.13 (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 department in providing the youth apprenticeship program under sub. (1).

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

AB100-engrossed,763,20 106.13 (2m) The board department shall approve occupations and maintain a list of approved occupations for the youth apprenticeship program. From the appropriation under s. 20.445 (1) (a), the board department shall develop curricula for youth apprenticeship programs for occupations approved under this subsection.

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

AB100-engrossed,764,7 106.13 (3m) (b) (intro.) From the appropriation under s. 20.445 (1) (e), the board department 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-engrossed, s. 1839g Section 1839g. 106.13 (3m) (b) 6. of the statutes is amended to read:

AB100-engrossed,764,10 106.13 (3m) (b) 6. Any other implementation or coordination activity that the board department may direct or permit the local partnership to perform.

AB100-engrossed, s. 1839j Section 1839j. 106.13 (4) (a) 1d. of the statutes is amended to read:

AB100-engrossed,764,14 106.13 (4) (a) 1d. "Eligible employer" means an employer that is eligible to receive a grant under this subsection according to the criteria established by the board department under par. (d).

AB100-engrossed, s. 1839m Section 1839m. 106.13 (4) (b) of the statutes is amended to read:

AB100-engrossed,765,2 106.13 (4) (b) From the appropriation under s. 20.445 (7) (1) (em), the board department may award a grant to a public agency or a nonprofit organization, or to an eligible employer that is responsible for the on-the-job training and supervision of a youth apprentice. A public agency or nonprofit organization that receives a grant under this subsection shall use the funds awarded under the grant to award training grants to eligible employers that provide on-the-job training and supervision for youth apprentices. Subject to par. (c), a training grant provided under this subsection may be awarded to an eligible employer for each youth apprentice who receives at least 180 hours of paid on-the-job training from the eligible employer during a school year, as defined in s. 115.001 (13). The amount of a training grant may not exceed $500 per youth apprentice per school year. A training grant may not be awarded for any specific youth apprentice for more than 2 school years.

AB100-engrossed, s. 1839p Section 1839p. 106.13 (4) (c) of the statutes is amended to read:

AB100-engrossed,765,9 106.13 (4) (c) Notwithstanding par. (b), the board department may award a training grant under this subsection to an eligible employer that provides less than 180 hours of paid on-the-job training for a youth apprentice during a school year, as defined in s. 115.001 (13), if the board department determines that it would be beneficial for the youth apprentice to receive on-the-job training from more than one eligible employer.

AB100-engrossed, s. 1839r Section 1839r. 106.13 (4) (d) of the statutes is amended to read:

AB100-engrossed,765,16 106.13 (4) (d) The board department shall establish eligibility criteria for a grant under this subsection. That criteria shall specify that eligibility for a grant shall be limited to small employers, as determined by the board department, and to employers providing on-the-job training in employment areas determined by the board department. Notwithstanding sub. (5), those criteria need not be promulgated as rules.

AB100-engrossed, s. 1839t Section 1839t. 106.13 (5) of the statutes is amended to read:

AB100-engrossed,765,19 106.13 (5) The board department shall promulgate rules to administer this section.

AB100-engrossed, s. 1839u Section 1839u. 106.50 (6) (c) 2. of the statutes is amended to read:

AB100-engrossed,766,7 106.50 (6) (c) 2. At the conclusion of the investigation of the allegations, the department shall make a determination as to whether probable cause exists to believe that discrimination has occurred or is about to occur. In making a determination of probable cause, the department shall consider whether the facts concerning the alleged discrimination are sufficient to warrant the initiation of a civil action. If the department determines that probable cause exists, the department shall immediately issue a charge on behalf of the aggrieved person and refer the charge to the attorney general. If the attorney general concurs in the department's determination of probable cause, the attorney general shall represent the aggrieved person at the hearing under par. (f) or, if an election is made under subd. 2m., shall commence a civil action in the name of the state on behalf of the aggrieved person under sub. (6m).

AB100-engrossed,766,17 2m. Service of copies of the charge shall be made on the complainant, the respondent, and the aggrieved person by certified mail, return receipt requested. When a charge is filed, a complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to have the claims asserted in that charge decided in a civil action under sub. (6m) in lieu of a hearing under par. (f). The election shall be made no later than 20 days after the receipt by the electing person of service of the charge, along with information about how to make the election. If an election is made, the person making the election shall give notice of doing so to the department and to all other complainants and respondents to whom the charge relates. The department shall notify the aggrieved persons that an election is made.

AB100-engrossed, s. 1839v Section 1839v. 106.50 (6) (d) of the statutes is amended to read:

AB100-engrossed,767,3 106.50 (6) (d) Temporary judicial relief. At any time after a complaint is filed alleging discrimination in violation of sub. (2), (2m), or (2r), the department may request the attorney general to file a petition in the circuit court for the county in which the act of discrimination allegedly occurred or for the county in which a respondent resides or transacts business, seeking a temporary injunction or restraining order against the respondent to prevent the respondent from performing an act that would tend to render ineffectual an order that the department may enter with respect to the complaint, pending final determination of proceedings under this section. On receipt of the department's request, the attorney general shall promptly file the petition.

AB100-engrossed, s. 1839w Section 1839w. 106.50 (6) (e) 4. of the statutes is amended to read:

AB100-engrossed,767,8 106.50 (6) (e) 4. Whenever the department has reasonable cause to believe that a respondent has breached a conciliation agreement, the department shall refer the matter to the department of justice attorney general with a recommendation that a civil action be filed for enforcement of the agreement.

AB100-engrossed, s. 1839x Section 1839x. 106.50 (6) (f) 2. of the statutes is amended to read:

AB100-engrossed,767,15 106.50 (6) (f) 2. If an election is not made under par. (c) 2. 2m., the hearing shall be conducted by a hearing examiner. A If the attorney general has concurred in the department's determination of probable cause under par. (c) 2., the aggrieved person on whose behalf the charge was issued shall be represented by the attorney general. Any other person who is aggrieved, with respect to the issues to be determined at the hearing, may be represented by private counsel.

AB100-engrossed, s. 1839y Section 1839y. 106.50 (6) (f) 3. of the statutes is amended to read:

AB100-engrossed,767,22 106.50 (6) (f) 3. The department, the attorney general, or a party's attorney of record may issue a subpoena to compel the attendance of a witness or the production of evidence. A subpoena issued by an attorney shall be in substantially the same form as provided in s. 805.07 (4) and shall be served in the manner provided in s. 805.07 (5). The attorney shall, at the time of issuance, send a copy of the subpoena to the hearing examiner who is responsible for conducting the hearing.

AB100-engrossed, s. 183z Section 183z. 106.50 (6m) (a) of the statutes is amended to read:

AB100-engrossed,768,2 106.50 (6m) (a) Any person, including the state, alleging a violation of sub. (2), (2m), or (2r), including the attorney general on behalf of an aggrieved person, may bring a civil action for injunctive relief, for damages, including punitive damages, and, in the case of a prevailing plaintiff, for court costs and reasonable attorney fees.

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

AB100-engrossed,768,9 108.02 (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-engrossed, s. 1854g Section 1854g. 115.28 (7) (d) of the statutes is renumbered 115.28 (7) (d) 1. and amended to read:

AB100-engrossed,768,14 115.28 (7) (d) 1. Annually, Except as provided in subd. 2., annually establish fees for the certification or licensure of school and public library personnel sufficient to fund certification and licensing administrative costs.

AB100-engrossed, s. 1854m Section 1854m. 115.28 (7) (d) 2. of the statutes is created to read:

AB100-engrossed,768,17 115.28 (7) (d) 2. Charge a fee of $150 for the initial and renewal teacher license of each resident applicant.

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

AB100-engrossed,768,24 115.28 (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-engrossed, s. 1856f Section 1856f. 115.28 (48m) of the statutes is created to read:

AB100-engrossed,769,10 115.28 (48m) Expenditure of federal administrative funds. Submit each proposal for the expenditure of federal administrative funding for federal programs administered by the department to the joint committee on finance. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the proposed expenditure's submission that the committee has scheduled a meeting to review the proposed expenditure, the proposed expenditure may be made. If, within 14 working days after the date of the proposed expenditure's submission, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the proposed expenditure, the proposed expenditure may be made only upon the committee's approval.

AB100-engrossed, s. 1856m Section 1856m. 115.28 (52) of the statutes is created to read:

AB100-engrossed,769,17 115.28 (52) Adult literacy grants. From the appropriation under s. 20.255 (3) (b), award grants to nonprofit organizations, as defined in s. 108.02 (19), to support programs that train community-based adult literacy staff and to establish new volunteer-based programs in areas of this state that have a demonstrated need for adult literacy services. No grant may exceed $10,000, and no organization may receive more than one grant in any fiscal year.

AB100-engrossed, s. 1856w Section 1856w. 115.28 (54) of the statutes is created to read:

AB100-engrossed,769,23 115.28 (54) Second Chance Partnership. From the appropriation under s. 20.255 (2) (ep), pay to the Second Chance Partnership, a nonprofit corporation operating a program in which children at risk participate in apprenticeships while earning high school diplomas, an amount equal to $4,610 multiplied by the number of pupils participating in the program.

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

AB100-engrossed,770,4 115.29 (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-engrossed, s. 1857m Section 1857m. 115.34 (2) of the statutes is amended to read:

AB100-engrossed,770,15 115.34 (2) The state superintendent shall make payments to school districts and to, private schools, charter schools under s. 118.40 (2r), the program under s. 115.52, and the center under s. 115.525 for school lunches served to children in the prior year as determined by the state superintendent from the appropriation under s. 20.255 (2) (cn). Payments to school districts and to private schools shall equal the state's matching obligation under 42 USC 1751 et seq. Payments in the current year shall be determined by prorating the state's matching obligation based on the number of school lunches served to children in the prior year. In this subsection, "private school" means any school defined in s. 115.001 (3r) which complies with the requirements of 42 USC 2000d.

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

AB100-engrossed,771,4 115.3615 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-engrossed, s. 1861 Section 1861. 115.405 (1) of the statutes is renumbered 115.405 (1) (a) and amended to read:

AB100-engrossed,771,19 115.405 (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-engrossed, s. 1862 Section 1862. 115.405 (2) of the statutes is renumbered 115.405 (1) (b) and amended to read:

AB100-engrossed,771,24 115.405 (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-engrossed, s. 1863 Section 1863. 115.405 (2m) of the statutes is created to read:

AB100-engrossed,772,2 115.405 (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-engrossed,772,9 (b) From the appropriation under s. 20.255 (2) (kg), beginning in the 2006-07 school year 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-engrossed,772,12 (c) If the amount appropriated under s. 20.255 (2) (kg) in any fiscal year is insufficient to fully fund the grants under this subsection, the department shall prorate the payments to eligible persons.

AB100-engrossed, s. 1877 Section 1877. 115.88 (1) of the statutes is amended to read:

AB100-engrossed,773,2 115.88 (1) Personnel. A school board, board of control of a cooperative educational service agency or, upon authorization of the county board, a county children with disabilities education board may employ, for a special education program, either full- or part-time licensed teachers, licensed coordinators of special education, licensed school nurses, licensed school social workers, licensed school psychologists, licensed school counselors, paraprofessionals, licensed consulting teachers to work with any teacher of regular education programs who has a child with a disability in a class and any other personnel approved by the department. The board may contract with private or public agencies for physical or occupational therapy services on the basis of demonstrated need. A school board may contract with a charter school to provide special education services to pupils attending the charter school if the charter school is under contract with the school board under s. 118.40 (2m) and the charter school is not an instrumentality of the school district.

AB100-engrossed, s. 1877m Section 1877m. 115.88 (1m) (a) of the statutes is amended to read:

AB100-engrossed,773,15 115.88 (1m) (a) If, upon receipt of the plan under s. 115.77 (4), the state superintendent is satisfied that the special education program has been maintained during the preceding school year in accordance with law, the state superintendent shall certify to the department of administration in favor of each county, cooperative educational service agency, and school district maintaining such special education program a sum equal to the amount expended by the county, agency, and school district during the preceding year for salaries of personnel enumerated in sub. (1), including, the salary portion of any authorized contract for physical or occupational therapy services,; the salary portion of any contract to provide special education services to pupils attending a charter school, as authorized under sub. (1); and other expenses approved by the state superintendent, as costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b).

AB100-engrossed, s. 1878 Section 1878. 115.88 (1m) (am) of the statutes is amended to read:

AB100-engrossed,774,5 115.88 (1m) (am) If the operator of a charter school established under s. 118.40 (2r) operates a special education program and the state superintendent is satisfied that the operator of the charter school is complying with 20 USC 1400 to 1491o, the state superintendent shall certify to the department of administration in favor of the operator of the charter school a sum equal to the amount that the operator of the charter school expended during the previous school year for salaries of full-time or part-time licensed teachers, licensed coordinators of special education, licensed school nurses, licensed school social workers, licensed school psychologists, licensed school counselors, paraprofessionals, licensed consulting teachers to work with any teacher of regular education programs who has a child with a disability in a class and any other personnel, as determined by the state superintendent. Certified costs under this paragraph are eligible for reimbursement from the appropriation under s. 20.255 (2) (b). The state superintendent may audit costs under this paragraph and adjust reimbursement to cover only actual, eligible costs.

AB100-engrossed, s. 1878c Section 1878c. 115.88 (2m) of the statutes is amended to read: