AB768-ASA1,272,1612 (a) "Affected employe, retiree or dependent" means an employe, retired
13employe or a surviving covered dependent of an employe or retired employe who
14loses, or may reasonably be expected to lose, his or her health care benefits provided
15by an employer who is required to give notice under sub. (2) because the employer
16has decided to cease providing health care benefits.

AB768-ASA1,272,1717 (b) "Employe benefit plan" means a plan as defined in 29 USC 1002 (3).

AB768-ASA1,272,1918 (c) "Employer" means any business enterprise that employs 50 or more persons
19in this state.

AB768-ASA1,272,2120 (d) "Health care benefits" means coverage of health care expenses under an
21employe benefit plan.

AB768-ASA1,273,2 22(2) Subject to sub. (5) or (6), an employer who has decided to cease providing
23health care benefits in this state shall promptly notify any affected employe, retiree
24or dependent and any collective bargaining representative of any affected employe,
25retiree or dependent in writing of such action no later than 60 days prior to the date

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1that the cessation of health care benefits takes place. This subsection does not apply
2to a cessation of health care benefits that is caused by a strike or lockout.

AB768-ASA1,273,9 3(3) (a) If an employer fails to give timely notice to an affected employe, retiree
4or dependent as required under sub. (2), the affected employe, retiree or dependent
5may recover, as provided under sub. (4), the value of any health care benefits that the
6affected employe, retiree or dependent would have received during the recovery
7period described under par. (c), but did not receive because of the cessation of health
8care benefits, including the cost of any medical treatment incurred that would have
9been covered but for the cessation of health care benefits.

AB768-ASA1,273,1410 (b) The amount that an affected employe may recover under par. (a) shall be
11reduced by any cost that the affected employer incurs by crediting the affected
12employe, under an employe benefit plan, for time not actually served because of a
13business closing, as defined in s. 109.07 (1) (b), or mass layoff, as defined in s. 109.07
14(1) (f).

AB768-ASA1,273,1815 (c) The recovery period under par. (a) begins on the day that the cessation of
16health care benefits occurs. The recovery period equals the number of days in the
17period beginning on the day on which an employer is required to give notice under
18sub. (2) and ending on whichever of the following occurs first:

AB768-ASA1,273,2019 1. The day that the employer actually gave the notice to the affected employe,
20retiree or dependent.

AB768-ASA1,273,2121 2. The day that the cessation of health care benefits occurred.

AB768-ASA1,274,5 22(4) (a) An affected employe, retiree or dependent whose employer or former
23employer, or whose spouse's or parent's employer or former employer, fails to notify
24timely the affected employe, retiree or dependent under sub. (2) may file a claim with
25the department. If the affected employe, retiree or dependent files a claim with the

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1department no later than 300 days after the cessation of health care benefits
2occurred, the department shall, in the manner provided in s. 109.09, investigate the
3claim, determine the number of days that the employer or former employer was late
4in providing notice and, on behalf of the affected employe, retiree or dependent,
5attempt to recover from the employer or former employer the payment under sub. (3).

AB768-ASA1,274,116 (b) If the department does not recover payment within 180 days after a claim
7is filed or within 30 days after it notifies the affected employe, retiree or dependent
8of its determination under par. (a), whichever is first, the department shall refer the
9claim to the department of justice. The department of justice may bring an action
10in circuit court on behalf of the affected employe, retiree or dependent to recover the
11payment under sub. (3).

AB768-ASA1,274,1712 (c) If the department of justice does not bring an action under par. (b) within
13120 days after the claim is referred to it, the affected employe, retiree or dependent
14may bring an action in circuit court to recover the payment under sub. (3). If the
15affected employe, retiree or dependent prevails in the action, he or she shall also
16recover costs under ch. 814 and, notwithstanding s. 814.04 (1), reasonable attorney
17fees.

AB768-ASA1,274,1918 (d) An action under this section shall be begun within one year after the
19department refers the claim to the department of justice under par. (b), or be barred.

AB768-ASA1,274,21 20(5) (a) An employer is not liable under this section for a failure to give notice
21to any person under sub. (2), if the department determines all of the following:

AB768-ASA1,274,2422 1. When the notice under sub. (2) would have been timely given, that the
23employer was actively seeking capital or business to enable the employer to avoid or
24postpone indefinitely the cessation of health care benefits.

AB768-ASA1,275,3

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12. That the employer reasonably and in good faith believed that giving the
2notice required under sub. (2) would have prevented the employer from obtaining the
3capital or business.

AB768-ASA1,275,104 (b) The department may not determine that an employer was actively seeking
5capital or business under par. (a) 1. unless the employer has a written record, made
6while the employer was seeking capital or business, of those activities. The record
7shall consist of the documents and other material specified by the department by rule
8under s. 109.12 (1) (b). The employer shall have individual documents in the record
9notarized, as required by the department's rules. The employer shall provide the
10department with an affidavit verifying the content of the notarized documents.

AB768-ASA1,275,13 11(6) An employer is not liable under this section for a failure to give notice to any
12person under sub. (2), if the department determines that the cessation of health care
13benefits is the result of any of the following:

AB768-ASA1,275,1714 (a) The sale of part or all of the employer's business, if the purchaser agrees in
15writing, as part of the purchase agreement, to provide health care benefits for all of
16the affected employes, retirees and dependents with not more than a 60-day break
17in coverage.

AB768-ASA1,275,1918 (b) Business circumstances that were not foreseeable when the notice would
19have been timely given.

AB768-ASA1,275,2020 (c) A natural or man-made disaster beyond the control of the employer.

AB768-ASA1,275,2321 (d) A temporary cessation in providing health care benefits, if the employer
22renews providing health care benefits for the affected employes, retirees and
23dependents on or before the 60th day beginning after the cessation.

AB768-ASA1,276,2 24(7) Each employer shall post, in one or more conspicuous places where notices
25to employes are customarily posted, a notice in a form approved by the department

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1setting forth the rights of employes, retirees and dependents under this section. Any
2employer who violates this subsection shall forfeit not more than $100.

AB768-ASA1,276,4 3(8) Section 111.322 (2m) applies to discharge and other discriminatory acts
4arising in connection with any proceeding under this section.

AB768-ASA1,276,117 109.09 (2) (a) The department of workforce development, under its authority
8under sub. (1) to maintain actions for the benefit of employes, or an employe who
9brings an action under s. 109.03 (5) shall have a lien upon all property of the
10employer, real or personal, located in this state for the full amount of any wage claim
11or wage deficiency up to a maximum amount of $1,000.

AB768-ASA1,276,19 12(b) 1. A lien under this subsection par. (a) upon real property takes effect when
13the department of workforce development or employe files a verified petition
14claiming notice of the lien with the clerk of the circuit court of the county in which
15the services or some part of the services were performed, pays the fee specified in s.
16814.61 (5) to that clerk of circuit court and serves a copy of that petition on the
17employer by personal service in the same manner as a summons is served under s.
18801.11 or by certified mail with a return receipt requested. The clerk of circuit court
19shall enter the notice of the lien on the judgment and lien docket kept under s. 779.07.

AB768-ASA1,276,24 203. The department of workforce development or employe must file the petition
21notice under subd. 1. or 2. within 2 years after the date that on which the wages were
22due. The petition notice shall specify the nature of the claim and the amount claimed,
23describe the property upon which the claim is made and state that the petitioner
24person filing the notice claims a lien on that property. The

AB768-ASA1,277,8

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1(c) A lien shall take under par. (a) takes precedence over all other debts,
2judgments, decrees, liens or mortgages against the employer that originate after the
3lien takes effect as provided in par. (b) 1. or 2., except a lien under s. 292.31 (8) (i) or
4292.81, and may be enforced in the manner provided in ss. 779.09 to 779.12, 779.20
5and 779.21, insofar as such those provisions are applicable. The lien ceases to exist
6if the department of workforce development or the employe does not bring an action
7to enforce the lien within the period prescribed in s. 893.44 for the underlying wage
8claim.

AB768-ASA1,277,1710 109.09 (2) (b) 2. A lien under par. (a) upon personal property takes effect when
11the department of workforce development or employe files a notice of the lien with
12the department of financial institutions, pays the fee specified in s. 409.403 (5) (b)
13to the department of financial institutions and serves a copy of the notice on the
14employer by personal service in the same manner as a summons is served under s.
15801.11 or by certified mail with a return receipt requested. The department of
16financial institutions shall place the notice of the lien in the same file as financing
17statements are filed under ss. 409.401 and 409.402.

AB768-ASA1,277,2119 109.12 (1) (a) Aid the administration of this chapter, including the enforcement
20of s. ss. 109.07 and 109.075 and criteria for exceptions under s. ss. 109.07 (5) and (6)
21and 109.075 (5) and (6).

AB768-ASA1,277,2523 109.12 (1) (b) Establish the form and content of the record required under s.
24109.07 (5) (b) and the record required under s. 109.075 (5) (b) and specify the
25documents that must contain notarized signatures.

AB768-ASA1,278,62 109.12 (2) Not later than March 1 annually, beginning with 1990, submit a
3written report on its activities in the preceding calendar year related to the
4enforcement and administration of s. ss. 109.07 and 109.075 to the chief clerk of each
5house of the legislature for distribution under s. 13.172 (3) to the standing
6committees with jurisdiction over labor.

AB768-ASA1,278,108 109.12 (3) Include, in the report required under sub. (2), the number, type and
9disposition of all determinations made by the department under s. ss. 109.07 (5) and
10(6) and 109.075 (5) and (6).

AB768-ASA1,278,1412 111.322 (2m) (a) The individual files a complaint or attempts to enforce any
13right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.455, 103.50, 104.12, 109.03
14or, 109.07 or 109.075 or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB768-ASA1,278,1916 111.322 (2m) (b) The individual testifies or assists in any action or proceeding
17held under or to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32,
18103.455, 103.50, 104.12, 109.03 or, 109.07 or 109.075 or ss. 101.58 to 101.599 or
19103.64 to 103.82.

AB768-ASA1,279,221 111.70 (1) (fm) "Fringe benefit savings" means the amount, if any, by which
221.7% of the total compensation and fringe benefit costs for all municipal employes in
23a collective bargaining unit for any 12-month period covered by a proposed collective
24bargaining agreement exceeds the increased cost required to maintain the
25percentage contribution by the municipal employer to the municipal employes'

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1existing fringe benefit costs and to maintain all fringe benefits provided to the
2municipal employes, as determined under sub. (4) (cm) 8s.

AB768-ASA1,280,64 111.70 (1) (nc) 1. b. In any collective bargaining unit in which the municipal
5employe positions were on August 12, 1993, assigned to salary ranges with steps that
6determine the levels of progression within each salary range during a 12-month
7period, a proposal to provide for a salary increase of at least one full step for each
812-month period covered by the proposed collective bargaining agreement,
9beginning with the expiration date of any previous collective bargaining agreement,
10for each municipal employe who is eligible for a within range salary increase, unless
11the increased cost of providing such a salary increase, as determined under sub. (4)
12(cm) 8s., exceeds 2.1% of the total compensation and fringe benefit costs for all
13municipal employes in the collective bargaining unit for any 12-month period
14covered by the proposed collective bargaining agreement plus any fringe benefit
15savings, or unless the increased cost required to maintain the percentage
16contribution by the municipal employer to the municipal employes' existing fringe
17benefit costs and to maintain all fringe benefits provided to the municipal employes,
18as determined under sub. (4) (cm) 8s., in addition to the increased cost of providing
19such a salary increase, exceeds 3.8% of the total compensation and fringe benefit
20costs for all municipal employes in the collective bargaining unit for any 12-month
21period covered by the proposed collective bargaining agreement, in which case the
22offer shall include provision for a salary increase for each such municipal employe
23in an amount at least equivalent to that portion of a step for each such 12-month
24period that can be funded after the increased cost in excess of 2.1% of the total
25compensation and fringe benefit costs for all municipal employes in the collective

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1bargaining unit plus any fringe benefit savings is subtracted, or in an amount
2equivalent to that portion of a step for each such 12-month period that can be funded
3from the amount that remains, if any, after the increased cost of such maintenance
4exceeding 1.7% of the total compensation and fringe benefit costs for all municipal
5employes in the collective bargaining unit for each 12-month period is subtracted on
6a prorated basis, whichever is the lower amount.

AB768-ASA1,281,148 111.70 (1) (nc) 1. c. A proposal to provide for an average salary increase for each
912-month period covered by the proposed collective bargaining agreement,
10beginning with the expiration date of any previous collective bargaining agreement,
11for the municipal employes in the collective bargaining unit at least equivalent to an
12average cost of 2.1% of the total compensation and fringe benefit costs for all
13municipal employes in the collective bargaining unit for each 12-month period
14covered by the proposed collective bargaining agreement plus any fringe benefit
15savings, beginning with the expiration date of any previous collective bargaining
16agreement, including that percentage required to provide for any step increase and
17any increase due to a promotion or the attainment of increased professional
18qualifications, as determined under sub. (4) (cm) 8s., unless the increased cost of
19providing such a salary increase, as determined under sub. (4) (cm) 8s., exceeds 2.1%
20of the total compensation and fringe benefit costs for all municipal employes in the
21collective bargaining unit for any 12-month period covered by the proposed collective
22bargaining agreement plus any fringe benefit savings, or unless the increased cost
23required to maintain the percentage contribution by the municipal employer to the
24municipal employes' existing fringe benefit costs and to maintain all fringe benefits
25provided to the municipal employes, as determined under sub. (4) (cm) 8s., in

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1addition to the increased cost of providing such a salary increase, exceeds 3.8% of the
2total compensation and fringe benefit costs for all municipal employes in the
3collective bargaining unit for any 12-month period covered by the collective
4bargaining agreement, in which case the offer shall include provision for a salary
5increase for each such period for the municipal employes covered by the agreement
6at least equivalent to an average of that percentage, if any, for each such period of
7the prorated portion of 2.1% of the total compensation and fringe benefit costs for all
8municipal employes in the collective bargaining unit plus any fringe benefit savings
9that remains, if any, after the increased cost of such maintenance exceeding 1.7% of
10the total compensation and fringe benefit costs for all municipal employes in the
11collective bargaining unit for each 12-month period and the cost of a salary increase
12of at least one full step for each municipal employe in the collective bargaining unit
13who is eligible for a within range salary increase for each 12-month period is
14subtracted from that total cost.

AB768-ASA1,281,1716 111.91 (2) (p) The requirements related to coverage of drugs and devices under
17s. 632.853.

AB768-ASA1,281,2019 111.91 (2) (q) The requirements related to experimental treatment under s.
20632.855.

AB768-ASA1,281,22 22115.31 (title) License or permit revocation; reports; investigation.

AB768-ASA1,282,224 115.31 (6m) The department of public instruction shall, without a hearing,
25revoke a license or permit granted by the department of public instruction if the

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1department of revenue certifies under s. 73.0301 that the licensee or permit holder
2is liable for delinquent taxes.

AB768-ASA1,282,16 4115.405 Grant program for peer review and mentoring. (1) A
5cooperative educational service agency or a consortium consisting of 2 or more school
6districts or cooperative educational service agencies, or a combination thereof, may
7apply to the department for a grant to provide technical assistance and training for
8teachers who are licensed or have been issued a permit under ss. 115.28 (7) and
9118.192 to implement peer review and mentoring programs. An applicant for a grant
10under this section shall submit to the department a plan identifying the school
11districts and cooperative educational service agencies that will participate in the
12peer review and mentoring program and describing how the grant funds will be
13allocated. As a condition of receiving a grant under this section, a cooperative
14educational service agency or a consortium shall provide matching funds in an
15amount equal to at least 20% of the amount of the grant awarded. The matching
16funds may be in the form of money or in-kind services or both.

AB768-ASA1,282,19 17(2) The department shall award grants from the appropriation under s. 20.255
18(2) (fk). The department may not award more than $25,000 to an applicant in a fiscal
19year.

AB768-ASA1,282,21 20(3) The department shall promulgate rules to implement and administer this
21section.

AB768-ASA1,282,25 23115.42 National teacher certification. (1) (a) Subject to par. (b), in the
241999-2000 school year the department shall award a $2,000 grant to any person who
25satisfies all of the following requirements:

AB768-ASA1,283,2

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11. The person is certified by the National Board for Professional Teaching
2Standards before July 1, 2000.

AB768-ASA1,283,43 2. The person is licensed as a teacher by the state superintendent or employed
4as a teacher in a private school located in this state.

AB768-ASA1,283,55 3. The person is a resident of this state.

AB768-ASA1,283,66 4. The person is employed as a teacher in this state.

AB768-ASA1,283,77 (b) The department may award a grant under par. (a) to no more than 20 people.

AB768-ASA1,283,10 8(2) In the 2000-01 school year and in each of the 7 succeeding school years, the
9department shall award a $2,500 grant to each person who received a grant under
10sub. (1) if the person satisfies all of the following requirements:

AB768-ASA1,283,1211 (a) The person maintains his or her certification by the National Board for
12Professional Teaching Standards.

AB768-ASA1,283,1413 (b) The person maintains his or her license as a teacher by the state
14superintendent or remains employed in a private school located in this state.

AB768-ASA1,283,1515 (c) The person remains a resident of this state.

AB768-ASA1,283,1616 (d) The person remains employed as a teacher in this state.

AB768-ASA1,283,21 17(3) The department may not require, as a condition for renewing a person's
18teaching license, that the person have earned continuing professional education
19credits or their equivalent in the 5 years immediately preceding his or her
20application for renewal if he or she has been initially certified by the National Board
21for Professional Teaching Standards during those 5 years.

AB768-ASA1,283,23 22(4) The department shall promulgate rules to implement and administer this
23section, including rules relating to all of the following:

AB768-ASA1,283,2424 (a) The application process, including necessary documentation.

AB768-ASA1,283,2525 (b) The selection process for grant recipients.

AB768-ASA1,284,2

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1(c) The number of times that a teacher may be exempt from continuing
2professional education requirements under sub. (3).

AB768-ASA1,284,115 115.76 (10) "Local educational agency", except as otherwise provided, means
6the school district in which the child with a disability resides, or the department of
7health and family services if the child with a disability resides in an institution or
8facility operated by the department of health and family services, or the department
9of corrections if such department is responsible for providing a free appropriate
10public education to the child with a disability resides in a Type 1 secured correctional
11facility, as defined in s. 938.02 (19), or a Type 1 prison, as defined in s. 301.01 (5).

AB768-ASA1,284,2114 115.81 (1) (b) "Originating Responsible local educational agency" means the
15local educational agency that was responsible for providing a free, appropriate public
16education to the child before the placement of the child in a child caring institution
17except that if the child resided in an institution or facility operated by the
18department of health and family services, a Type 1 secured correctional facility, as
19defined in s. 938.02 (19), or a Type 1 prison, as defined in s. 301.01 (5), before the
20placement of the child in a child caring institution, "responsible local educational
21agency" means the school district in which the child caring institution is located.

AB768-ASA1,285,224 115.81 (3) (a) Whenever a county department recommends to a court that a
25child be placed in a child caring institution or whenever a state agency anticipates

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1placing a child in a child caring institution, the county department or state agency
2shall notify the originating responsible local educational agency.

AB768-ASA1,285,43 (b) (intro.) For each child identified in a notice under par. (a), the originating
4responsible local educational agency shall do all of the following:

AB768-ASA1,285,145 2. b. If the originating responsible local educational agency has reasonable
6cause to believe that the child is a child with a disability, appoint an individualized
7education program team to conduct an evaluation of the child under s. 115.782. The
8originating responsible local educational agency may include appropriately licensed
9staff of the child caring institution in the team if that staff is available. The
10individualized education program team shall conduct the evaluation. If the
11individualized education program team determines that the child is a child with a
12disability, the individualized education program team, in consultation with a county
13department or a state agency, as appropriate, shall develop an individualized
14education program and an educational placement offer.

AB768-ASA1,285,1917 115.81 (4) (intro.) Whenever the originating responsible local educational
18agency offers an educational placement in a child caring institution under sub. (3)
19(b) 1. or 2. b., all of the following apply: