LRB-0938/1
RAC:wlj:rs
2009 - 2010 LEGISLATURE
November 10, 2009 - Introduced by Law Revision Committee. Referred to
Committee on Labor.
AB560,1,4 1An Act to repeal 230.45 (1) (e); and to amend 230.44 (3), 230.44 (4) (b), 230.45
2(1) (h) and 230.45 (3) of the statutes; relating to: remedial statutory changes
3affecting the Wisconsin Employment Relations Commission (suggested as
4remedial legislation by the Wisconsin Employment Relations Commission).
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Law Revision Committee of
the Joint Legislative Council.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Law Revision Committee prefatory note: This bill is a remedial legislation
proposal, requested by the Wisconsin Employment Relations Commission and introduced
by the Law Revision Committee under s. 13.83 (1) (c) 4. and 5., stats. After careful
consideration of the various provisions of the bill, the Law Revision Committee has
determined that this bill makes minor nonsubstantive changes in the statutes, and that
these changes are desirable as a matter of public policy.
AB560, s. 1 5Section 1. 230.44 (3) of the statutes is amended to read:
AB560,2,46 230.44 (3) Time limits. Any appeal filed under this section may not be heard
7unless the appeal is filed within 30 days after the effective date of the action, or

1within 30 days after the appellant is notified of the action, whichever is later, except
2that if the appeal alleges discrimination under subch. II of ch. 111, the time limit for
3that part of the appeal alleging such discrimination shall be 300 days after the
4alleged discrimination occurred
.
Note: Eliminates language relating to the filing period for fair employment act
complaints. These complaints are processed by the Equal Rights Division (in the
Department of Workforce Development) under s. 230.45 (1e) (a), stats., and not under this
subsection, which deals with time for appeals to the Wisconsin Employment Relations
Commission (WERC). The placement of this unrelated provision in s. 230.44 (3), stats.,
is unnecessary and confusing.
AB560, s. 2 5Section 2. 230.44 (4) (b) of the statutes is amended to read:
AB560,2,166 230.44 (4) (b) An employee shall attend a hearing under this subsection and
7testify when requested to do so by the commission. Any person not under the civil
8service who appears before the commission by order shall receive for his or her
9attendance the fees and mileage provided for witnesses in civil actions in courts of
10record under ch. 885, which shall be audited and paid by the state in the same
11manner as other expenses are audited and paid, upon the presentation of properly
12verified vouchers approved by the commission and charged to the proper
13appropriation for the commission. No witness subpoenaed at the insistence of a
14party other than the commission is entitled to compensation from the state for
15attendance or travel, unless the commission certifies that his or her testimony was
16relevant and material to the matter investigated.
Note: The authority of WERC under s. 230.45 (1), stats., does not include
conducting investigations; the Equal Rights Division conducts investigations under s.
230.45 (1e), stats. Therefore, reference to the matter "investigated" is deleted.
AB560, s. 3 17Section 3 . 230.45 (1) (e) of the statutes is repealed.
Note: Repeals an obsolete provision regarding WERC's authority to hear county
merit system appeals. The referenced rules are Aid to Families with Dependent Children
(AFDC) rules that have been repealed.
AB560, s. 4 18Section 4. 230.45 (1) (h) of the statutes is amended to read:
AB560,3,4
1230.45 (1) (h) Keep minutes of its own proceedings and other official actions.
2All such records shall, subject to reasonable rules, be open to public inspection.
3Records of the director or the administrator which are confidential shall be kept
4confidential by the division of equal rights or the commission.
Note: Removes reference to the Division of Equal Rights. The duties of the
Division of Equal Rights in this regard are stated in s. 230.45 (1e) (c), stats.
AB560, s. 5 5Section 5. 230.45 (3) of the statutes is amended to read:
AB560,3,106 230.45 (3) The commission shall promulgate rules establishing a schedule of
7filing fees to be paid by any person who files an appeal under sub. (1) (c) or (e) or s.
8230.44 (1) (a) or (b) with the commission on or after the effective date of the rules
9promulgated under this subsection. Fees paid under this subsection shall be credited
10to the appropriation account under s. 20.425 (1) (i).
Note: Makes a cross-reference change to reflect the repeal of par. (e) of s. 230.45
(1), stats., by Section 3 of the bill.
AB560,3,1111 (End)
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