AB40: Bill Text

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AB40,1708 Section 1708. 101.144 of the statutes is repealed.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

AB40,1735 Section 1735. 115.28 (27) of the statutes is created to read:

AB40,800,20 115.28 (27) WISElearn. Develop and maintain an online resource, called WISElearn, to provide educational resources for parents, teachers, and pupils; offer online learning opportunities; provide regional technical support centers; provide professional development for teachers; and enable video conferencing.

AB40,1736 Section 1736. 115.28 (54) of the statutes is created to read:

AB40,801,4 115.28 (54) Collaborative content delivery and online instruction. Promote the delivery of digital content and collaborative instruction among schools within a school district and between 2 or more school districts, including through online courses. To accomplish the objectives of this subsection, the department may not promulgate a rule that requires a licensed teacher or instructional staff person, defined as required under s. 121.02 (1) (a) 2., to be physically present in a classroom in which the delivery of content or collaborative instruction is being provided in that classroom digitally or through an online course.

AB40,1737 Section 1737. 115.28 (59) of the statutes is created to read:

AB40,801,8 115.28 (59) Academic and career planning. (a) Ensure that, beginning in the 2017-18 school year, every school board is providing academic and career planning services to pupils enrolled in grades 6 to 12 in the school district.

AB40,801,11 (b) Procure, install, and maintain information technology, including computer software, to be used statewide by school districts to provide academic and career planning services to pupils in grades 6 to 12.

AB40,801,15 (c) Provide guidance, training, and technical assistance to school districts and school district staff, including teachers and counselors, on how to implement model academic and career plans, including training and technical assistance that is necessary to implement the information technology under par. (b).

AB40,801,16 (d) Promulgate rules to implement this subsection.

AB40,1738 Section 1738. 115.28 (60) of the statutes is created to read:

AB40,801,20 115.28 (60) Teach for America. Distribute the amounts appropriated under s. 20.255 (3) (cm) to Teach for America, Inc., to recruit and prepare individuals to teach in low-income or urban school districts.

AB40,1739 Section 1739. 115.297 (1) (a) of the statutes is amended to read:

AB40,801,25 115.297 (1) (a) "Agencies" means the department, the board of regents of the University of Wisconsin System, the department of children and families, the department of workforce development, the technical college system board, and the Wisconsin Association of Independent Colleges and Universities.

AB40,1740 Section 1740. 115.297 (3) (a) of the statutes is amended to read:

AB40,802,8 115.297 (3) (a) Requires that the agencies establish and maintain a longitudinal data system of student data that links such data from preschool programs to postsecondary education programs, and describes the process by which the data system will be established and maintained, and ensures its interoperability with the work force data systems maintained by the department of workforce development. The data system may consist of separate record systems integrated through agreement and data transfer mechanisms.

AB40,1741 Section 1741. 115.297 (3) (d) of the statutes is amended to read:

AB40,802,11 115.297 (3) (d) Requires the agencies to exchange student and work force data to the extent necessary to perform the evaluation or study approved under par. (c).

AB40,1742 Section 1742. 115.297 (4) (a) of the statutes is amended to read:

AB40,802,16 115.297 (4) (a) Except as provided in par. (b), any of the agencies may submit student or work force data to the longitudinal data system under sub. (3) (a), to another agency, or to a public or private research organization, to support an evaluation or study under this section.

AB40,1743 Section 1743. 115.297 (6) of the statutes is created to read:

AB40,802,20 115.297 (6) Report. Annually by October 1, the agencies shall submit a joint report to the secretary of administration regarding their progress in establishing a longitudinal data system under sub. (3) (a).

AB40,1744 Section 1744. 115.363 (2) (b) of the statutes is amended to read:

AB40,802,25 115.363 (2) (b) The school board shall pay to each nonprofit corporation with which it contracts under par. (a) an amount that is no more than the amount paid per pupil under s. 118.40 (2r) (e) 1m. or 2m. or 2n. in the current school year multiplied by the number of pupils participating in the program under the contract.

AB40,1745 Section 1745. 115.38 (1) (d) of the statutes is amended to read:

AB40,803,5 115.38 (1) (d) The number and percentage of resident pupils attending a course in a nonresident school district at an educational institution under s. 118.52, the number of nonresident pupils attending a course in the school district under s. 118.52, and the courses taken by those pupils.

AB40,1746 Section 1746. 115.385 of the statutes is created to read: