AB64: Bill Text

AB64,738,22 120.13 (14) (b) 1. If a person who has contracted under par. (a) to provide a child care program is convicted of a serious crime, as defined in s. 48.685 48.686 (1) (c) 3m., or if a caregiver specified in s. 48.685 48.686 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 48.686 (1) (bm), of the child care program is convicted or adjudicated delinquent for committing a serious crime on or after his or her 12th 10th birthday, the school board shall rescind the contract of the contractor immediately upon providing written notice of the rescission and the grounds for the rescission and an explanation of the process for appealing the rescission.

AB64,1628 Section 1628. 120.13 (14) (b) 2. of the statutes is amended to read:

AB64,739,8 120.13 (14) (b) 2. If a person who has contracted under par. (a) to provide a child care program is the subject of a pending criminal charge alleging that the person has committed a serious crime, as defined in s. 48.685 48.686 (1) (c) 3m., or if a caregiver specified in s. 48.685 48.686 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 48.686 (1) (bm), of the child care program is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime on or after his or her 12th 10th birthday, the school board shall immediately suspend the contract of the contractor until the school board obtains information regarding the final disposition of the charge or delinquency petition indicating that the person is not ineligible to provide a child care program under this subsection.

AB64,1629 Section 1629. 120.13 (39) of the statutes is created to read:

AB64,739,11 120.13 (39) Shared services. Contract with one or more school boards to do any of the following:

AB64,739,13 (a) Establish a bilingual-bicultural education program under subch. VII of ch. 115.

AB64,739,15 (b) If the school board operates any grade from 7 to 12, provide the instruction required under s. 118.076 (3).

AB64,739,16 (c) Provide emergency nursing services, as required under s. 121.02 (1) (g).

AB64,739,18 (d) Designate an employee of one of the school boards that is subject to the contract to deal with matters relating to school attendance and truancy.

AB64,739,20 (e) Provide guidance and counseling services, as required under s. 121.02 (1) (e).

AB64,739,22 (f) Establish a technical preparation program in each public high school located in the school district, as required under s. 118.34.

AB64,739,24 (g) Ensure that gifted and talented pupils enrolled in the school district have access to a program for gifted and talented pupils, as required under s. 118.35.

AB64,1630 Section 1630. 120.43 (2) of the statutes is amended to read:

AB64,740,4 120.43 (2) The school board shall meet at least once each month times fixed and published by the board in its rule and at other times upon the call of the school district president or upon the filing of a request with the school district clerk signed by a majority of the school board members.

AB64,1631 Section 1631 . 121.004 (7) (cm) of the statutes is amended to read:

AB64,740,10 121.004 (7) (cm) A pupil enrolled in a 4-year-old kindergarten program, including a 4-year-old kindergarten program being phased in under s. 118.14 (3) (b), that provides the required number of hours of direct pupil instruction under s. 121.02 (1) (f) shall be counted as 0.6 pupil if the program annually provides at least 87.5 additional hours of outreach activities.

AB64,1632 Section 1632 . 121.006 (2) (intro.) of the statutes is amended to read:

AB64,740,15 121.006 (2) (intro.) Unless the state superintendent is satisfied that the failure to meet the requirements of pars. (a) and par. (b) was occasioned by some extraordinary cause not arising from intention or neglect on the part of the responsible officers, every school district shall:

AB64,1633 Section 1633 . 121.006 (2) (a) of the statutes is repealed.

AB64,1634 Section 1634 . 121.02 (1) (f) of the statutes is repealed.

AB64,1635 Section 1635 . 121.05 (1) (a) 5. of the statutes is amended to read:

AB64,740,21 121.05 (1) (a) 5. Pupils attending a technical college under s. 118.15 (1) (b) and pupils attending an institution of higher education or a technical college under s. 118.55.

AB64,1636 Section 1636 . 121.23 (1) of the statutes is amended to read:

AB64,741,2 121.23 (1) In the event that the state superintendent finds that school is not held, or educational standards are not maintained in accordance with s. 121.02 (1) (f) as the result of a strike by school district employees, make-up days are authorized to be scheduled but no make-up days are required.

AB64,1637 Section 1637 . 121.23 (2) (intro.) of the statutes is amended to read:

AB64,741,9 121.23 (2) (intro.) If a school district fails to provide the number of hours of direct pupil instruction specified under s. 121.02 (1) (f) as the result of a strike by school district employees, for the purposes of computing general aid, the state superintendent shall compute the school district's primary and secondary ceiling costs per member in accordance with the procedure specified in pars. (a) to (e). In making the calculation, the state superintendent shall:

AB64,1638 Section 1638. 121.58 (2) (a) 4. of the statutes is amended to read:

AB64,741,13 121.58 (2) (a) 4. For each pupil so transported whose residence is more than 12 miles from the school attended, $275 $300 per school year in the 2014-15 2016-17 school year and $300 $365 per school year thereafter.

AB64,1639 Section 1639. 121.58 (2) (am) of the statutes is amended to read:

AB64,741,21 121.58 (2) (am) State aid under par. (a) shall be reduced proportionately in the case of a pupil transported for less than a full school year because of nonenrollment. State aid for transportation shall not exceed the actual cost thereof. No state aid of any kind may be paid to a school district which charges the pupil transported or his or her parent or guardian any part of the cost of transportation provided under ss. 121.54 (1) to (3), (5), (6) and (10) and 121.57 or which willfully or negligently fails to transport all pupils for whom transportation is required under s. 121.54.

AB64,1640 Section 1640. 121.58 (4) of the statutes is amended to read:

AB64,742,13 121.58 (4) State aid for summer class transportation. Annually on or before October 1 of the year in which transportation is provided under s. 118.50 (3) (b) or 121.54 (4), or under s. 121.54 (10) if the transportation is provided by the nonresident school district that a pupil attends under s. 118.51 or 121.84 (4), the school district clerk shall file with the department a report, containing such information as the department requires, on transportation provided by the school board to and from summer classes. Upon receipt of such report and if the summer classes meet the requirements of s. 121.14 (1) (a) 1. or 2., state aid shall be paid for such transportation. A school district which provides such transportation shall be paid state aid for such transportation at the rate of $4 $10 per pupil transported to and from public school whose residence is at least 2 miles and not more than 5 miles by the nearest traveled route from the public school attended, and $6 $20 per pupil transported to and from public school whose residence is more than 5 miles by the nearest traveled route from the public school attended, if the pupil is transported 30 days or more. The state aid shall be reduced proportionately if the pupil is transported less than 30 days.

AB64,1641 Section 1641 . 121.91 (4) (o) 1. of the statutes is amended to read:

AB64,743,3 121.91 (4) (o) 1. Except as provided in subd. 1m., if a school board adopts a resolution to do so before the effective date of this subdivision .... [LRB inserts date], the limit otherwise applicable to a school district under sub. (2m) in any school year is increased by the amount spent by the school district in that school year on a project to implement energy efficiency measures or to purchase energy efficiency products, including the payment of debt service on a bond or note issued, or a state trust fund loan obtained, to finance the project, if the project results in the avoidance of, or reduction in, energy costs or operational costs, the project is governed by a performance contract entered into under s. 66.0133, and the bond or note issued or state trust fund loan obtained to finance the project is issued for a term not exceeding 20 years. If a school board issues a bond or note or obtains a state trust fund loan to finance a project described in this subdivision, a resolution adopted by a school board under this subdivision is valid for each school year in which the school board pays debt service on the bond, note, or state trust fund loan.

AB64,1642 Section 1642 . 125.04 (5) (a) 5. of the statutes is amended to read:

AB64,743,14 125.04 (5) (a) 5. Have successfully completed within the 2 years prior to the date of application a responsible beverage server training course at any location that is offered by a technical college district and that conforms to curriculum guidelines specified by the technical college system board or a comparable training course that is approved by the department or the educational approval board department of safety and professional services. This subdivision does not apply to an applicant who held, or who was an agent appointed and approved under sub. (6) of a corporation or limited liability company that held, within the past 2 years, a Class “ A", “Class A" or “Class C" license or a Class “B" or “Class B" license or permit or a manager's or operator's license.

AB64,1643 Section 1643 . 125.17 (6) (a) (intro.) of the statutes is amended to read:

AB64,743,23 125.17 (6) (a) (intro.) Except as provided in par. (b), no municipal governing body may issue an operator's license unless the applicant has successfully completed a responsible beverage server training course at any location that is offered by a technical college district and that conforms to curriculum guidelines specified by the technical college system board or a comparable training course, which may include computer-based training and testing, that is approved by the department or the educational approval board department of safety and professional services, or unless the applicant fulfills one of the following requirements:

AB64,1644 Section 1644 . 134.66 (2m) (b) of the statutes is amended to read:

AB64,744,17 134.66 (2m) (b) Paragraph (a) does not apply to an agent, employee, or independent contractor who has received the training described in par. (a) as part of a responsible beverage server training course or a comparable training course, as described in s. 125.04 (5) (a) 5., that was successfully completed by the agent, employee, or independent contractor. The department of health services shall make the training program developed or approved by that department under par. (a) available to the technical college system board, and that board shall include that training program or a comparable training program approved by that department in the curriculum guidelines specified by that board under s. 125.04 (5) (a) 5. The department of health services shall also make the training program developed or approved by that department under par. (a) available to any provider of a comparable training course, as described in s. 125.04 (5) (a) 5., on request, and the department of revenue or the educational approval board department of safety and professional services may approve a comparable training course under s. 125.04 (5) (a) 5. only if that training course includes the training program developed or approved by the department of health services under par. (a) or a comparable training program approved by that department.

AB64,1645 Section 1645. 139.77 (3) of the statutes is amended to read:

AB64,745,2 139.77 (3) If, within 60 days after the mailing sending of notice of the proposed assessment, the taxpayer files a protest to the proposed assessment and requests a hearing on it, the department shall give notice to the taxpayer of the time and place fixed for the hearing, shall hold a hearing on the protest and shall issue a final assessment to the taxpayer for the amount found to be due as a result of the hearing. If a protest is not filed within 60 days, the department shall issue a final assessment to the taxpayer. In any action or proceeding in respect to the proposed assessment the taxpayer shall have the burden of establishing the incorrectness or invalidity of any final assessment made by the department.

AB64,1646 Section 1646. 139.77 (4) of the statutes is amended to read:

AB64,745,14 139.77 (4) If any taxpayer required to file any return fails to do so within the time prescribed, the taxpayer shall, on the written demand of the department, file the return within 20 days after the mailing sending of it and at the same time pay the tax due on its basis. If the taxpayer fails within that time to file the return, the department shall prepare the return from its own knowledge and from the information that it obtains and on that basis shall assess a tax, which shall be paid within 10 days after the department has mailed sent to the taxpayer a written notice of the amount and a demand for its payment. In any action or proceeding in respect to the assessment, the taxpayer shall have the burden of establishing the incorrectness or invalidity of any return or assessment made by the department because of the failure of the taxpayer to make a return.

AB64,1647 Section 1647. 145.02 (4) (a) of the statutes is amended to read:

AB64,745,23 145.02 (4) (a) The department shall prescribe promulgate rules as to the qualifications, examination and licensing of master and journeyman plumbers and the qualifications, examination, and licensing of master plumbers and restricted plumber licensees, for the licensing of utility contractors, for the registration of plumbing apprentices and pipe layers pipelayers, and for the registration and training of registered learners. The plumbers council, created under s. 15.407 (16), shall advise the department in formulating the rules. The department may not require an applicant for journeyman plumber's license to pass an examination.

AB64,1648 Section 1648. 145.035 of the statutes is amended to read:

AB64,746,6 145.035 Temporary permits. The department may issue temporary revocable permits to master and journeyman plumbers pending examination, and for such purpose may appoint agents without compensation or may authorize one of its examiners or plumbing supervisors to hold a special permit examination, the result of which to be reported to the department in writing. The department may make rules and prescribe procedure governing the issuance of such permits.

AB64,1649 Section 1649. 145.07 (2) of the statutes is amended to read:

AB64,746,13 145.07 (2) Application for a master or journeyman plumber's examination, temporary permit or license or a master plumber's examination or temporary permit shall be made to the department with fees. Unless the applicant is entitled to a renewal of license, a master plumber's license shall be issued only after the applicant passes a satisfactory examination showing fitness. No such license or permit specified in this subsection shall be transferable.

AB64,1650 Section 1650. 145.07 (4) of the statutes is amended to read:

AB64,746,17 145.07 (4) An applicant for examination for licensure as a journeyman plumber shall submit evidence satisfactory to the department that he or she has completed a plumbing apprenticeship under s. 106.025.

AB64,1651 Section 1651. 145.08 (1) (c) of the statutes is repealed.

AB64,1652 Section 1652. 145.08 (1) (e) of the statutes is amended to read:

AB64,746,21 145.08 (1) (e) Issuing a temporary permit pending examination and issuance of a license for master plumber or journeyman plumber.

AB64,1653 Section 1653. 145.17 (1) of the statutes is amended to read:

AB64,746,25 145.17 (1) The department may employ competent supervisors, who shall be licensed automatic fire sprinkler contractors or journeymen journeyman automatic fire sprinkler system fitters, and may employ other persons.

AB64,1654 Section 1654. 145.17 (2) of the statutes is amended to read:

AB64,747,11 145.17 (2) The department shall prescribe promulgate rules as to the qualifications, examination, and licensing of journeymen journeyman automatic fire sprinkler system fitters and automatic fire sprinkler contractors and for the registration and training of automatic fire sprinkler system apprentices. The automatic fire sprinkler system contractors and journeymen council, created under s. 15.407 (17), shall advise the department in formulating the rules. The department may not require an applicant for a journeyman automatic fire sprinkler system fitter or automatic fire sprinkler contractor license to pass an examination if the applicant has successfully completed an automatic fire sprinkler apprenticeship program under subch. I of ch. 106 that is recognized by the department.

AB64,1655 Section 1655. 145.18 of the statutes is amended to read:

AB64,747,19 145.18 Temporary permits. The department may issue temporary permits to journeymen journeyman automatic fire sprinkler system fitters or to automatic fire sprinkler contractors pending examination of applicants for licenses. The department may also issue temporary permits to applicants for automatic fire sprinkler-maintenance only registration certificates. The department shall, by rule, prescribe the procedure for issuing these permits. Examination fees shall be paid at the time the permit is issued.

AB64,1656 Section 1656. 146.37 (1g) of the statutes is amended to read:

AB64,748,10 146.37 (1g) Except as provided in s. 153.76, no person acting in good faith who participates in the review or evaluation of the services of health care providers or facilities or the charges for such services conducted in connection with any program organized and operated to help improve the quality of health care, to avoid improper utilization of the services of health care providers or facilities , or to determine the reasonable charges for such services, or who participates in the obtaining of health care information under subch. I of ch. 153, is liable for any civil damages as a result of any act or omission by such person in the course of such review or evaluation. Acts and omissions to which this subsection applies include, but are not limited to, acts or omissions by peer review committees or hospital governing bodies in censuring, reprimanding, limiting, or revoking hospital staff privileges or notifying the medical examining board or podiatry affiliated credentialing board under s. 50.36 or taking any other disciplinary action against a health care provider or facility and acts or omissions by a medical director in reviewing the performance of emergency medical technicians or ambulance service providers.

AB64,1657 Section 1657. 146.40 (1) (d) of the statutes is amended to read:

AB64,748,20 146.40 (1) (d) “Nurse aide" means an individual who performs routine patient care duties delegated by a registered nurse or licensed practical nurse who supervises the individual, for the direct health care of a patient or resident. “Nurse aide" does not mean a feeding assistant, an individual who is licensed, permitted, certified, or registered under ch. 441, 448, 449, 450, 451, 455, 459, or 460, or 464, or an individual whose duties primarily involve skills that are different than those taught in instructional programs for nurse aides approved under sub. (3) or (3g) or evaluated by competency evaluation programs for nurse aides approved under sub. (3m).

AB64,1658 Section 1658. 146.81 (1) (dg) of the statutes is amended to read:

AB64,748,23 146.81 (1) (dg) A physical therapist or physical therapist assistant licensed under subch. III I of ch. 448 464.

AB64,1659 Section 1659. 146.81 (1) (eq) of the statutes is amended to read:

AB64,748,25 146.81 (1) (eq) An athletic trainer licensed under subch. VI III of ch. 448 464.

AB64,1660 Section 1660. 146.81 (1) (es) of the statutes is amended to read:

AB64,749,3 146.81 (1) (es) An occupational therapist or occupational therapy assistant licensed under subch. VII II of ch. 448 464.

AB64,1661 Section 1661. 146.81 (1) (hp) of the statutes is amended to read:

AB64,749,6 146.81 (1) (hp) A massage therapist or bodywork therapist licensed under subch. IV of ch. 460 464.

AB64,1662 Section 1662. 146.82 (2) (a) 16. of the statutes is amended to read:

AB64,749,13 146.82 (2) (a) 16. To a designated representative of the long-term care ombudsman under s. 16.009 (4), for the purpose of protecting and advocating the rights of an individual 60 years of age or older who resides in a long-term care facility, as specified in s. 16.009 (4) (b), or an individual 60 years of age or older who is an enrollee of the family care program, the Family Care Partnership Program, the program of all-inclusive care for the elderly, or the self-directed services option.

AB64,1663 Section 1663. 146.89 (1) (r) 1. of the statutes is amended to read:

AB64,749,19 146.89 (1) (r) 1. Licensed as a physician under ch. 448, a dentist or dental hygienist under ch. 447, a registered nurse, practical nurse, or nurse-midwife under ch. 441, an optometrist under ch. 449, a physician assistant under ch. 448, a pharmacist under ch. 450, a chiropractor under ch. 446, a podiatrist under subch. IV of ch. 448, or a physical therapist under subch. III I of ch. 448 464.

AB64,1664 Section 1664. 146.98 of the statutes is repealed.

AB64,1665 Section 1665. 146.997 (1) (d) 4. of the statutes is amended to read:

AB64,749,23 146.997 (1) (d) 4. A physician, podiatrist, or perfusionist, physical therapist, or physical therapist assistant licensed under ch. 448.

AB64,1666 Section 1666. 146.997 (1) (d) 5. of the statutes is amended to read:

AB64,750,3 146.997 (1) (d) 5. An occupational therapist, occupational therapy assistant, A physician assistant or respiratory care practitioner licensed or certified under ch. 448.

AB64,1667 Section 1667. 146.997 (1) (d) 13. of the statutes is renumbered 146.997 (1) (d) 13s. and amended to read:

AB64,750,7 146.997 (1) (d) 13s. A massage therapist or bodywork therapist licensed under subch. IV of ch. 460 464.

AB64,1668 Section 1668. 146.997 (1) (d) 13e. of the statutes is created to read:

AB64,750,10 146.997 (1) (d) 13e. A physical therapist or physical therapist assistant licensed under subch. I of ch. 464.

AB64,1669 Section 1669. 146.997 (1) (d) 13m. of the statutes is created to read: