AB40: Bill Text

AB40,1679 Section 1679. 101.143 (4) (b) of the statutes is renumbered 292.63 (4) (b).

AB40,1680 Section 1680. 101.143 (4) (c) of the statutes is renumbered 292.63 (4) (c), and 292.63 (4) (c) 12., as renumbered, is amended to read:

AB40,789,15 292.63 (4) (c) 12. Costs that are incurred after the date of a notice under sub. (3) (cw) 1. or 2. and that exceed the amount necessary to comply with sub. (3) (c) 3. and with enforcement standards using the method specified in the notice.

AB40,1681 Section 1681. 101.143 (4) (cc) of the statutes is renumbered 292.63 (4) (cc).

AB40,1682 Section 1682. 101.143 (4) (ce) of the statutes is renumbered 292.63 (4) (ce).

AB40,1683 Section 1683. 101.143 (4) (cm) of the statutes is renumbered 292.63 (4) (cm).

AB40,1684 Section 1684. 101.143 (4) (d) of the statutes is renumbered 292.63 (4) (d).

AB40,1685 Section 1685. 101.143 (4) (dg) of the statutes is renumbered 292.63 (4) (dg).

AB40,1686 Section 1686. 101.143 (4) (di) of the statutes is renumbered 292.63 (4) (di).

AB40,1687 Section 1687. 101.143 (4) (dm) of the statutes is renumbered 292.63 (4) (dm).

AB40,1688 Section 1688. 101.143 (4) (dr) of the statutes is renumbered 292.63 (4) (dr).

AB40,1689 Section 1689. 101.143 (4) (e) of the statutes is renumbered 292.63 (4) (e).

AB40,1690 Section 1690. 101.143 (4) (ee) of the statutes is renumbered 292.63 (4) (ee).

AB40,1691 Section 1691. 101.143 (4) (ei) of the statutes is renumbered 292.63 (4) (ei), and 292.63 (4) (ei) 1m. a. and b. and 2m., as renumbered, are amended to read:

AB40,790,13 292.63 (4) (ei) 1m. a. The owner or operator of the farm tank owns a parcel of 35 or more acres of contiguous land, on which the farm tank is located, which is devoted primarily to agricultural use, as defined in s. 91.01 (2), including land designated by the department of natural resources as part of the ice age trail under s. 23.17, which during the year preceding submission of a first claim under sub. (3) produced gross farm profits, as defined in s. 71.58 (4), of not less than $6,000 or which, during the 3 years preceding that submission produced gross farm profits, as defined in s. 71.58 (4), of not less than $18,000, or a parcel of 35 or more acres, on which the farm tank is located, of which at least 35 acres, during part or all of the year preceding that submission, were enrolled in the conservation reserve program under 16 USC 3831 to 3836.

AB40,790,25 b. The claim is submitted by a person who, at the time that the notification was made under sub. (3) (a) 3., was the owner of the farm tank and owned a parcel of 35 or more acres of contiguous land, on which the farm tank is or was located, which was devoted primarily to agricultural use, as defined in s. 91.01 (2), including land designated by the department of natural resources as part of the ice age trail under s. 23.17, which during the year preceding that notification produced gross farm profits, as defined in s. 71.58 (4), of not less than $6,000 or which, during the 3 years preceding that notification, produced gross farm profits, as defined in s. 71.58 (4), of not less than $18,000, or a parcel of 35 or more acres, on which the farm tank is located, of which at least 35 acres, during part or all of the year preceding that notification, were enrolled in the conservation reserve program under 16 USC 3831 to 3836.

AB40,791,5 2m. The owner or operator of the farm tank has received a letter or notice from the department of safety and professional services or department of natural resources indicating that the owner or operator must conduct a site investigation or remedial action because of a discharge from the farm tank or an order to conduct such an investigation or remedial action.

AB40,1692 Section 1692. 101.143 (4) (em) of the statutes is renumbered 292.63 (4) (em).

AB40,1693 Section 1693. 101.143 (4) (es) of the statutes is renumbered 292.63 (4) (es), and 292.63 (4) (es) 1., as renumbered, is amended to read:

AB40,791,15 292.63 (4) (es) 1. The department shall issue an award for a claim filed after August 9, 1989, for eligible costs, under par. (b), incurred on or after August 1, 1987, by an owner or operator or a person owning a home oil tank system in investigating the existence of a discharge or investigating the presence of petroleum products in soil or groundwater if the investigation is undertaken at the written direction of the department of safety and professional services or the department of natural resources and no discharge or contamination is found.

AB40,1694 Section 1694. 101.143 (4) (f) of the statutes is renumbered 292.63 (4) (f).

AB40,1695 Section 1695. 101.143 (4) (g) of the statutes is renumbered 292.63 (4) (g).

AB40,1696 Section 1696. 101.143 (4) (h) of the statutes is renumbered 292.63 (4) (h).

AB40,1697 Section 1697. 101.143 (4e) of the statutes is renumbered 292.63 (4e).

AB40,1698 Section 1698. 101.143 (4m) of the statutes is renumbered 292.63 (4m).

AB40,1699 Section 1699. 101.143 (5) of the statutes is renumbered 292.63 (5).

AB40,1700 Section 1700. 101.143 (6) of the statutes is renumbered 292.63 (6).

AB40,1701 Section 1701. 101.143 (6s) of the statutes is renumbered 292.63 (6s).

AB40,1702 Section 1702. 101.143 (7) of the statutes is renumbered 292.63 (7).

AB40,1703 Section 1703. 101.143 (7m) of the statutes is renumbered 292.63 (7m).

AB40,1704 Section 1704. 101.143 (9) of the statutes is renumbered 292.63 (9).

AB40,1705 Section 1705. 101.143 (9m) of the statutes is renumbered 292.63 (9m).

AB40,1706 Section 1706. 101.143 (10) of the statutes is renumbered 292.63 (10).

AB40,1707 Section 1707. 101.1435 of the statutes is renumbered 292.64, and 292.64 (1) (b) and (2) (b), as renumbered, are amended to read:

AB40,792,7 292.64 (1) (b) "Underground petroleum product storage tank system" has the meaning given in s. 101.143 292.63 (1) (i).

AB40,792,13 (2) (b) Using the method that the department uses to determine inability to pay under s. 101.143 292.63 (4) (ee), the department determines that the owner of the underground petroleum product storage tank system is unable to pay to empty, clean, remove, and dispose of the underground petroleum product storage tank system; to assess the site on which the underground petroleum product storage tank system is located; and to backfill the excavation.

AB40,1708 Section 1708. 101.144 of the statutes is repealed.

AB40,1709 Section 1709. 101.19 (1r) of the statutes is amended to read:

AB40,792,23 101.19 (1r) Notwithstanding subs. (1g) and (1m), the department shall waive any fee imposed on an individual who is eligible for the veterans fee waiver program under s. 45.44 for a license, permit, or certificate of certification or registration issued by the department under ss. 101.09 (3) (c), s. 101.122 (2) (c), 101.143 (2) (g), 101.147, 101.15 (2) (e), 101.16 (3g), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.07 (12), 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m).

AB40,1710 Section 1710. 101.45 of the statutes is renumbered 16.956.

AB40,1711 Section 1711. 101.653 (2m) of the statutes is amended to read:

AB40,793,4 101.653 (2m) Rules for administration. The department shall promulgate rules for the administration of construction site erosion control under this subchapter by counties, cities, villages and towns, including provisions regarding the issuance of building permits and the collection and distribution of fees.

AB40,1712 Section 1712. 101.653 (8) of the statutes is created to read:

AB40,793,7 101.653 (8) Inapplicability. This section does not apply to a construction site that has a land disturbance area that is one acre or more in area.

AB40,1713 Section 1713. 102.07 (17m) of the statutes is amended to read:

AB40,793,11 102.07 (17m) A participant in a trial employment match program job under s. 49.147 (3) is an employee of any employer under this chapter for whom the participant is performing service at the time of the injury.

AB40,1714 Section 1714. 102.75 (1m) of the statutes is amended to read:

AB40,793,17 102.75 (1m) The moneys collected under sub. (1) and under ss. 102.28 (2) and 102.31 (7), together with all accrued interest, shall constitute a separate nonlapsible fund designated as the worker's compensation operations fund. Moneys in the fund may be expended only as provided in s. 20.445 (1) (ra), (rb), and (rp) and (2) (ra) and may not be used for any other purpose of the state.

AB40,1715 Section 1715. 108.02 (21e) (intro.) of the statutes is amended to read:

AB40,794,2 108.02 (21e) Professional employer organization. (intro.) "Professional employer organization" means any person who is currently registered as a professional employer organization with the department of safety and professional services financial institutions in accordance with subch. III of ch. 461 202, who contracts to provide the nontemporary, ongoing employee workforce of more than one client under a written leasing contract, the majority of whose clients are not under the same ownership, management, or control as the person other than through the terms of the contract, and who under contract and in fact:

AB40,1716 Section 1716. 108.04 (2) (a) 2. of the statutes is amended to read:

AB40,794,5 108.04 (2) (a) 2. As of that week, the individual has registered for work as directed by the department; and

AB40,1717 Section 1717. 108.04 (2) (a) 3. (intro.) of the statutes is amended to read:

AB40,794,16 108.04 (2) (a) 3. (intro.) The individual conducts a reasonable search for suitable work during that week, unless the search requirement is waived under par. (b). The search for suitable work must include 2 at least 4 actions per week that constitute a reasonable search as prescribed by rule of the department. This subdivision does not apply to an individual if the department determines that the individual is currently laid off from employment with an employer but there is a reasonable expectation of reemployment of the individual by that employer. In determining whether the individual has a reasonable expectation of reemployment by an employer, the department shall request the employer to verify the individual's employment status and shall also consider other factors, including:

AB40,1718 Section 1718. 108.14 (7) (bm) of the statutes is created to read:

AB40,794,25 108.14 (7) (bm) Upon request of the department of revenue, the department may provide information, including social security numbers, concerning claimants to the department of revenue for the purpose of administering state taxes, identifying fraudulent tax returns, providing information for tax-related prosecutions, or locating persons or the assets of persons who have failed to file tax returns, who have underreported their taxable income, or who are delinquent debtors. The department of revenue shall adhere to the limitation on inspection and disclosure of the information under par. (b).

AB40,1719 Section 1719. 108.161 (7) of the statutes is amended to read:

AB40,795,7 108.161 (7) If any moneys appropriated hereunder are used to buy and hold suitable land, with a view to the future construction of an employment security building thereon, and if such land is later sold or transferred to other use, the proceeds of such sale (or the value of such land when transferred) shall be credited to the account created by sub. (1) except as otherwise provided in ss. 13.48 (14) and 16.848.

AB40,1720 Section 1720. 108.161 (9) of the statutes is amended to read:

AB40,795,18 108.161 (9) Any land and building or office quarters acquired under this section shall continue to be used for employment security purposes. Realty or quarters may not be sold or transferred to other use if prior action is taken under s. 13.48 (14) (am) or 16.848 (1) and may not be sold or transferred without the governor's approval. The proceeds from the sale, or the value of realty or quarters upon transfer, shall be credited to the account established in sub. (1) or credited to the fund established in s. 108.20, or both in accordance with federal requirements. Equivalent substitute rent-free quarters may be provided, as federally approved. Amounts credited under this subsection shall be used solely to finance employment security quarters according to federal requirements.

AB40,1721 Section 1721. 108.24 (4) of the statutes is amended to read:

AB40,796,3 108.24 (4) Any person who, without authorization of the department, permits inspection or disclosure of any record relating to the administration of this chapter that is provided to the person by the department under s. 108.14 (7) (a) or, (b), or (bm) and any person who, without authorization of the commission, permits inspection or disclosure of any record relating to the administration of this chapter that is provided to the person by the commission under s. 108.14 (7) (a), shall be fined not less than $25 nor more than $500 or may be imprisoned in the county jail for not more than one year or both. Each such unauthorized inspection or disclosure constitutes a separate offense.

AB40,1722 Section 1722. 111.335 (1) (cx) of the statutes is amended to read:

AB40,796,8 111.335 (1) (cx) Notwithstanding s. 111.322, it is not employment discrimination because of conviction record to refuse to employ or license, or to bar or terminate from employment or licensure, any individual who has been convicted of any offense under s. 38.50 440.55 (13) (c).

AB40,1723 Section 1723. 111.81 (7) (f) of the statutes is amended to read:

AB40,796,12 111.81 (7) (f) Instructional staff employed by the board of regents of the University of Wisconsin System who provide services for a charter school established by contract under s. 118.40 (2r) (cm), 2011 stats.

AB40,1724 Section 1724. 111.815 (1) of the statutes, as affected by 2011 Wisconsin Acts 10 and 32, is amended to read:

AB40,797,9 111.815 (1) In the furtherance of this subchapter, the state shall be considered as a single employer and employment relations policies and practices throughout the state service shall be as consistent as practicable. The office shall negotiate and administer collective bargaining agreements. To coordinate the employer position in the negotiation of agreements, the office shall maintain close liaison with the legislature relative to the negotiation of agreements and the fiscal ramifications of those agreements. Except with respect to the collective bargaining unit specified in s. 111.825 (1r), and (1t),, the office is responsible for the employer functions of the executive branch under this subchapter, and shall coordinate its collective bargaining activities with operating state agencies on matters of agency concern. The legislative branch shall act upon those portions of tentative agreements negotiated by the office that require legislative action. With respect to the collective bargaining units specified in s. 111.825 (1r), the Board of Regents of the University of Wisconsin System is responsible for the employer functions under this subchapter. With respect to the collective bargaining units specified in s. 111.825 (1t), the chancellor of the University of Wisconsin-Madison is responsible for the employer functions under this subchapter. With respect to the collective bargaining unit specified in s. 111.825 (1r) (ef), the governing board of the charter school established by contract under s. 118.40 (2r) (cm), 2011 stats., is responsible for the employer functions under this subchapter.

AB40,1725 Section 1725. 111.825 (1r) (ef) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB40,797,14 111.825 (1r) (ef) Instructional staff employed by the board of regents of the University of Wisconsin System who provide services for a charter school established by contract under s. 118.40 (2r) (cm), 2011 stats.

AB40,1726 Section 1726. 111.825 (2) (f) of the statutes is amended to read:

AB40,797,18 111.825 (2) (f) Instructional staff employed by the board of regents of the University of Wisconsin System who provide services for a charter school established by contract under s. 118.40 (2r) (cm), 2011 stats.

AB40,1727 Section 1727. 111.92 (1) (c) of the statutes is amended to read:

AB40,797,25 111.92 (1) (c) Any tentative agreement reached between the governing board of the charter school established by contract under s. 118.40 (2r) (cm), 2011 stats., acting for the state, and any labor organization representing a collective bargaining unit specified in s. 111.825 (1r) (ef) shall, after official ratification by the labor organization and approval by the chancellor of the University of Wisconsin-Parkside, be executed by the parties.

AB40,1728 Section 1728. 114.33 (6) (a) of the statutes is amended to read:

AB40,798,12 114.33 (6) (a) For the purposes of carrying out this section and ss. 114.35 and 114.37, the secretary may acquire by gift, devise, purchase or condemnation any lands for establishing, protecting, laying out, enlarging, extending, constructing, reconstructing, improving and maintaining airports, or interests in lands in and about airports. After completion of the improvements, subject to any prior action under s. 13.48 (14) (am) or 16.848 (1), the secretary may convey as provided in this subsection lands that were acquired under this subsection, but were not necessary for the airport improvements. The conveyances may be made with reservations concerning the future use and occupation of those lands so as to protect the airports and improvements and their environs and to preserve the view, appearance, light, air and usefulness of the airports.

AB40,1729 Section 1729. 114.33 (10) of the statutes is amended to read:

AB40,799,4 114.33 (10) Subject to the approval of the governor under this subsection and subject to any prior action under s. 13.48 (14) (am) or 16.848 (1), the secretary may sell at public or private sale property of whatever nature owned by the state and under the jurisdiction of the secretary when the secretary determines that the property is no longer necessary for the state's use for airport purposes and, if real property, the real property is not the subject of a petition under s. 16.310. The secretary shall present to the governor a full and complete report of the property to be sold, the reason for the sale, and the minimum price for which the property should be sold, together with an application for the governor's approval of the sale. The governor shall investigate the proposed sale as he or she deems necessary and approve or disapprove the application. Upon approval and receipt of the full purchase price, the secretary shall by appropriate deed or other instrument transfer the property to the purchaser. The funds derived from the sale shall be deposited in the appropriate airport fund, and the expense incurred by the secretary in connection with the sale shall be paid from that fund. This subsection does not apply to real property that is sold under s. 16.848.

AB40,1730 Section 1730. 115.001 (1) of the statutes is amended to read:

AB40,799,9 115.001 (1) Charter school. "Charter school" means a school under contract with a school board under s. 118.40 or with one of the entities an entity under s. 118.40 (2r) (b) 1., or a school established and operated by one of the entities an entity under s. 118.40 (2r) (b) 1. a. to d.

AB40,1731 Section 1731. 115.28 (7) (g) of the statutes is created to read:

AB40,799,16 115.28 (7) (g) Notwithstanding s. 118.19 (3), (4m), (6) to (9), and (12) to (14), grant a charter school teaching license to any person who has a bachelor's degree and demonstrates, based upon criteria established by the department, that the person is proficient in the subject or subjects that he or she intends to teach. The license authorizes the person to teach that subject or those subjects in a charter school. The license is valid for 3 years and is renewable for 3-year periods.

AB40,1732 Section 1732. 115.28 (12) (a) of the statutes is amended to read:

AB40,799,23 115.28 (12) (a) Working with the office of the governor, establish a student information system to collect and maintain information about pupils enrolled in public schools, and charter schools and, subject to par. (b), about pupils enrolled in private schools participating in a parental choice program under s. 118.60 or 119.23, including their academic performance and demographic information, aggregated by school district, school, and teacher.

AB40,1733 Section 1733. 115.28 (12) (ag) (intro.) of the statutes is amended to read:

AB40,800,6 115.28 (12) (ag) (intro.) Beginning in the 2012-13 school year, each Each school district, charter school, and private school using the system under par. (a) shall include in the system the following information for each teacher teaching in the school district or school who completed a teacher preparatory program described in sub. (7) (a) and located in this state or a teacher education program described in sub. (7) (e) 2. and located in this state on or after January 1, 2012:

AB40,1734 Section 1734. 115.28 (12) (b) of the statutes is amended to read:

AB40,800,15 115.28 (12) (b) Ensure that within 5 years of the establishment of the system under par. (a), every school district and charter school is using the system, and that every private school participating in a parental choice program under s. 118.60 or 119.23 is either using the system under par. (a) or is using a system that is interoperable with the system under par. (a). The state superintendent may promulgate rules authorizing the department to charge a fee to any person that uses the system. All fees shall be credited to the appropriation account under s. 20.255 (1) (jm) (he).