SB21: Bill Text

SB21,1219,8 (4) Preemployment drug testing. (a) An employing unit may, in accordance with the rules promulgated by the department under par. (b), voluntarily submit to the department the results of a test for the presence of controlled substances that was conducted on an individual as preemployment screening or notify the department that an individual declined to submit to such a test as a condition of employment, along with information necessary to identify the individual. Upon receipt of any such results of a test conducted and certified in a manner approved by the department or notification that an individual declined to submit to such a test, the department shall determine whether the individual is a claimant receiving benefits. If the individual is a claimant receiving benefits, the department shall, in accordance with rules promulgated by the department under par. (b), use that information for purposes of determining eligibility for benefits under s. 108.04 (8) (b).

SB21,1219,9 (b) The department shall promulgate rules necessary to implement par. (a).

SB21,1219,15 (5) Application of this section. (a) Notwithstanding subs. (2) (b) 1., 3., and 5., (c), and (d) and (3), subs. (2) (b) 1., 3., and 5., (c), and (d) and (3) do not apply until the rules required under sub. (2) (a) take effect. The department shall submit to the legislative reference bureau for publication in the Wisconsin administrative register a notice identifying the date on which subs. (2) (b) 1., 3., and 5., (c), and (d) and (3) will be implemented.

SB21,1219,20 (b) Notwithstanding sub. (2) (b) 2. and 4., sub. (2) (b) 2. and 4. do not apply until the rules required under sub. (2) (am) take effect. The department shall submit to the legislative reference bureau for publication in the Wisconsin administrative register a notice identifying the date on which sub. (2) (b) 2. and 4. will be implemented.

SB21,1219,25 (c) Notwithstanding sub. (4) (a) and s. 108.04 (8) (b), sub. (4) (a) and s. 108.04 (8) (b) do not apply until the rules required under sub. (4) (b) take effect. The department shall submit to the legislative reference bureau for publication in the Wisconsin administrative register a notice identifying the date on which sub. (4) (a) and s. 108.04 (8) (b) will be implemented.

SB21,1220,5 (d) The secretary may waive compliance with any provision under this section and s. 108.04 (8) (b) if the secretary determines that waiver of the provision is necessary to permit continued certification of this chapter for grants to this state under Title III of the federal Social Security Act or for maximum credit allowances to employers under the federal Unemployment Tax Act.

SB21,3116 Section 3116. 108.14 (8n) (e) of the statutes is amended to read:

SB21,1220,20 108.14 (8n) (e) The department shall charge this state's share of any benefits paid under this subsection to the account of each employer by which the employee claiming benefits was employed in the applicable base period, in proportion to the total amount of wages he or she earned from each employer in the base period, except that if s. 108.04 (1) (f), (5), (7) (a), (c), (e), (L), (q), (s), or (t), (7m) or (8) (a) or (b) or 108.07 (3), (3r), or (5) (b) would have applied to employment by such an employer who is subject to the contribution requirements of ss. 108.17 and 108.18, the department shall charge the share of benefits based on employment with that employer to the fund's balancing account, or, if s. 108.04 (1) (f) or (5) or 108.07 (3) would have applied to an employer that is not subject to the contribution requirements of ss. 108.17 and 108.18, the department shall charge the share of benefits based on that employment in accordance with s. 108.07 (5) (a) and (b). The department shall also charge the fund's balancing account with any other state's share of such benefits pending reimbursement by that state.

SB21,3117 Section 3117. 108.14 (27) of the statutes is created to read:

SB21,1220,25 108.14 (27) The department shall promulgate a rule to define what constitutes suitable work for claimants, which shall specify different levels of suitable work based upon the number of weeks that a claimant has received benefits in a given benefit year.

SB21,3118 Section 3118. 108.141 (3g) (a) 3. (intro.) of the statutes is amended to read:

SB21,1221,3 108.141 (3g) (a) 3. (intro.) Work Notwithstanding s. 108.02 (24g), work is suitable within the meaning of subd. 2. if:

SB21,3119 Section 3119. 108.141 (7) (a) of the statutes is amended to read:

SB21,1221,11 108.141 (7) (a) The department shall charge the state's share of each week of extended benefits to each employer's account in proportion to the employer's share of the total wages of the employee receiving the benefits in the employee's base period, except that if the employer is subject to the contribution requirements of ss. 108.17 and 108.18 the department shall charge the share of extended benefits to which s. 108.04 (1) (f), (5), (7) (a), (c), (e), (L), (q), (s), or (t), (7m) or (8) (a) or (b) or 108.07 (3), (3r), or (5) (b) applies to the fund's balancing account.

SB21,3120 Section 3120. 108.16 (6m) (a) of the statutes is amended to read:

SB21,1221,15 108.16 (6m) (a) The benefits thus chargeable under s. 108.04 (1) (f), (5), (5g), (7) (h), (8) (a) or (b), (13) (c) or (d) or (16) (e), 108.07 (3), (3r), (5) (b), (5m), or (6), 108.14 (8n) (e), 108.141, 108.151, or 108.152 or sub. (6) (e) or (7) (a) and (b).

SB21,3121 Section 3121 . 108.227 (1) (e) 3. of the statutes is amended to read:

SB21,1221,22 108.227 (1) (e) 3. A license, certificate of approval, provisional license, conditional license, certification, certification card, registration, permit, training permit or approval specified in s. 50.35, 50.49 (6) (a) or (10), 51.038, 51.04, 51.42 (7) (b) 11., 51.421 (3) (a), 51.45 (8), 146.40 (3), (3g), or (3m), 252.23 (2), 252.24 (2), 254.176, 254.20 (3), 255.08 (2) (a), 256.15 (5) (a) or (b), (6g) (a), (7), or (8) (a) or (f) or 343.305 (6) (a) or a permit for operation of a campground specified in s. 254.47 (1).

SB21,3122 Section 3122 . 108.227 (1) (e) 3. of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1222,6 108.227 (1) (e) 3. A license, certificate of approval, provisional license, conditional license, certification, certification card, registration, permit, training permit or approval specified in s. 50.35, 50.49 (6) (a) or (10), 51.038, 51.04, 51.42 (7) (b) 11., 51.421 (3) (a), 51.45 (8), 146.40 (3), (3g), or (3m), 254.176, 254.20 (3), 256.15 (5) (a) or (b), (6g) (a), (7), or (8) (a) or (f) or 343.305 (6) (a) or a permit license for operation of a campground specified in s. 254.47 (1) 97.67 (1).

SB21,3123 Section 3123. 108.227 (1) (e) 6. of the statutes is amended to read:

SB21,1222,11 108.227 (1) (e) 6. A license or certificate of registration issued by the department of financial institutions, or a division of it, under ss. 138.09, 138.12, 138.14, 202.12 to 202.14, 202.22, 217.06, 218.0101 to 218.0163, 218.02, 218.04, 218.05, 224.72, 224.725, 224.93 or under subch. IV of ch. 551.

SB21,3124 Section 3124. 108.227 (1) (e) 12. of the statutes is amended to read:

SB21,1222,15 108.227 (1) (e) 12. A license issued under s. 102.17 (1) (c), 628.04, 628.92 (1), 632.69 (2), or 633.14, a registration under s. 628.92 (2), or a temporary license issued under s. 628.09.

SB21,3125 Section 3125. 108.227 (1) (f) of the statutes is amended to read:

SB21,1222,24 108.227 (1) (f) "Licensing department" means the department of administration; the department of agriculture, trade and consumer protection; the board of commissioners of public lands; the department of children and families; the government accountability board; the department of financial institutions and professional standards; the department of health services; the department of natural resources; the department of public instruction; the department of revenue; the department of safety and professional services; the office of the commissioner of insurance; or the department of transportation.

SB21,3126 Section 3126. 108.227 (1m) (intro.) of the statutes is amended to read:

SB21,1223,6 108.227 (1m) General provisions. (intro.) The department shall promulgate rules specifying procedures to be used before taking action under sub. (3) (b) or s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4) with respect to a person whose license or credential is to be denied, not renewed, discontinued, suspended, or revoked, including rules with respect to all of the following:

SB21,3127 Section 3127. 108.227 (3) (a) 3. of the statutes is amended to read:

SB21,1223,11 108.227 (3) (a) 3. Upon the request of any person whose license or certificate has been previously revoked or denied under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), reinstate the license or certificate if the applicant is not liable for delinquent contributions.

SB21,3128 Section 3128. 108.227 (5) (a) of the statutes is amended to read:

SB21,1224,4 108.227 (5) (a) The department of workforce development shall conduct a hearing requested by a license holder or applicant for a license or license renewal or continuation under sub. (2) (b) 1. b., or as requested under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), to review a certification or determination of contribution delinquency that is the basis of a denial, suspension, or revocation of a license or certificate in accordance with this section or an action taken under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4). A hearing under this paragraph is limited to questions of mistaken identity of the license or certificate holder or applicant and of prior payment of the contributions that the department of workforce development certified or determined the license or certificate holder or applicant owes the department. At a hearing under this paragraph, any statement filed by the department of workforce development, the licensing department, or the supreme court, if the supreme court agrees, may be admitted into evidence and is prima facie evidence of the facts that it contains. Notwithstanding ch. 227, a person entitled to a hearing under this paragraph is not entitled to any other notice, hearing, or review, except as provided in sub. (6).

SB21,3129 Section 3129. 108.227 (5) (b) 1. of the statutes is amended to read:

SB21,1224,14 108.227 (5) (b) 1. Issue a nondelinquency certificate to a license holder or an applicant for a license or license renewal or continuation if the department determines that the license holder or applicant is not liable for delinquent contributions. For a hearing requested in response to an action taken under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), the department shall grant a license or certificate or reinstate a license or certificate if the department determines that the applicant for or the holder of the license or certificate is not liable for delinquent contributions, unless there are other grounds for denying the application or revoking the license or certificate.

SB21,3130 Section 3130. 108.227 (5) (b) 2. of the statutes is amended to read:

SB21,1224,24 108.227 (5) (b) 2. Provide notice that the department of workforce development has affirmed its certification of contribution delinquency to a license holder; to an applicant for a license, a license renewal, or a license continuation; and to the licensing department or the supreme court, if the supreme court agrees. For a hearing requested in response to an action taken under s. 102.17 (1) (ct), 103.275 (2) (bt), 103.34 (10) (d), 103.91 (4) (d), 103.92 (8), 104.07 (7), or 105.13 (4), the department of workforce development shall provide notice to the license or certificate holder or applicant that the department of workforce development has affirmed its determination of contribution delinquency.

SB21,3131 Section 3131. 108.24 (1) of the statutes is renumbered 108.24 (1) (a) and amended to read:

SB21,1225,9 108.24 (1) (a) Any person who knowingly makes a false statement or representation to obtain any benefit payment under this chapter, either for himself or herself or for any other person, shall be fined not less than $100 nor more than $500 or imprisoned not more than 90 days, or both; and each such false statement or representation constitutes a separate offense. This may be penalized as provided in par. (b). Any penalty imposed under par. (b) is in addition to any penalty imposed under s. 108.04 (11) (bh).

SB21,3132 Section 3132. 108.24 (1) (b) of the statutes is created to read:

SB21,1225,11 108.24 (1) (b) Whoever violates par. (a):

SB21,1225,13 1. If the value of any benefits obtained does not exceed $2,500, is subject to a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.

SB21,1225,15 2. If the value of any benefits obtained exceeds $2,500 but does not exceed $5,000, is guilty of a Class I felony.

SB21,1225,17 3. If the value of any benefits obtained exceeds $5,000 but does not exceed $10,000, is guilty of a Class H felony.

SB21,1225,19 4. If the value of any benefits obtained exceeds $10,000, is guilty of a Class G felony.

SB21,3133 Section 3133. 109.03 (1) (c) of the statutes is amended to read:

SB21,1225,22 109.03 (1) (c) Unclassified employees Employees of the University of Wisconsin System Authority.

SB21,3134 Section 3134. 109.09 (2) (c) 1. a. of the statutes is amended to read:

SB21,1225,25 109.09 (2) (c) 1. a. "Commercial lending institution" has the meaning given for "financial institution" in s. 234.01 235.40 (5k).

SB21,3135 Section 3135. 111.335 (1) (cx) of the statutes is amended to read:

SB21,1226,5 111.335 (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. 38.50 100.67 (13) (c).

SB21,3136 Section 3136. 111.70 (1) (i) of the statutes is amended to read:

SB21,1226,12 111.70 (1) (i) "Municipal employee" means any individual employed by a municipal employer other than an independent contractor, ; a supervisor, or; a confidential, managerial or executive employee; or an employee who is employed by the University of Wisconsin System Authority who is academic staff, as defined in s. 36.05 (1), who is faculty, as defined in s. 36.05 (8), or who is employed under s. 36.11 (2) (b).

SB21,3137 Section 3137 . 111.70 (1) (j) of the statutes is amended to read:

SB21,1226,20 111.70 (1) (j) "Municipal employer" means any city, county, village, town, metropolitan sewerage district, school district, long-term care district, local cultural arts district created under subch. V of ch. 229, the University of Wisconsin System Authority, or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state, that engages the services of an employee and includes any person acting on behalf of a municipal employer within the scope of the person's authority, express or implied.

SB21,3138 Section 3138 . 111.70 (1) (j) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1227,4 111.70 (1) (j) "Municipal employer" means any city, county, village, town, metropolitan sewerage district, school district, long-term care district, local cultural arts district created under subch. V of ch. 229, the University of Wisconsin System Authority, or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state, that engages the services of an employee and includes any person acting on behalf of a municipal employer within the scope of the person's authority, express or implied.

SB21,3139 Section 3139. 111.81 (5) of the statutes is created to read:

SB21,1227,7 111.81 (5) "Division" means the division of personnel management in the department of administration.

SB21,3140 Section 3140. 111.81 (7) (ar) of the statutes, as created by 2011 Wisconsin Act 32, is repealed.

SB21,3141 Section 3141. 111.81 (7) (at) of the statutes, as created by 2011 Wisconsin Act 32, is repealed.

SB21,3142 Section 3142. 111.81 (7) (b) of the statutes is repealed.

SB21,3143 Section 3143. 111.81 (7) (f) of the statutes is amended to read:

SB21,1227,16 111.81 (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), 2013 stats.

SB21,3144 Section 3144. 111.81 (7) (f) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is repealed.

SB21,3145 Section 3145. 111.81 (7) (gm) of the statutes is repealed.

SB21,3146 Section 3146. 111.81 (7) (h) of the statutes is repealed.

SB21,3147 Section 3147. 111.81 (7) (i) of the statutes is repealed.

SB21,3148 Section 3148. 111.81 (14) of the statutes is repealed.

SB21,3149 Section 3149. 111.81 (15m) of the statutes is repealed.

SB21,3150 Section 3150. 111.81 (17m) of the statutes is repealed.

SB21,3151 Section 3151. 111.81 (19m) of the statutes is repealed.

SB21,3152 Section 3152. 111.815 (1) and (2) of the statutes, as affected by 2013 Wisconsin Act 166, are amended to read:

SB21,1228,22 111.815 (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 division shall negotiate and administer collective bargaining agreements. To coordinate the employer position in the negotiation of agreements, the office division 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 units specified in s. 111.825 (1r) and (1t), the office division 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 division 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), 2013 stats., is responsible for the employer functions under this subchapter.

SB21,1229,4 (2) The director of the office administrator of the division shall, together with the appointing authorities or their representatives, represent the state in its responsibility as an employer under this subchapter except with respect to negotiations in the collective bargaining units specified in s. 111.825 (1r) and (1t). The director of the office administrator of the division shall establish and maintain, wherever practicable, consistent employment relations policies and practices throughout the state service.

SB21,3153 Section 3153 . 111.815 (1) of the statutes, as affected by 2013 Wisconsin Act 166 and 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1230,2 111.815 (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 division shall negotiate and administer collective bargaining agreements. To coordinate the employer position in the negotiation of agreements, the division 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 units specified in s. 111.825 (1r) and (1t), the The division 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 division 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), 2013 stats., is responsible for the employer functions under this subchapter.

SB21,3154 Section 3154. 111.815 (3) of the statutes is amended to read:

SB21,1230,6 111.815 (3) With regard to collective bargaining activities involving employees who are assistant district attorneys, the director of the office administrator of the division shall maintain close liaison with the secretary of administration.

SB21,3155 Section 3155. 111.825 (1r) of the statutes, as affected by 2011 Wisconsin Act 32 and 2015 Wisconsin Act .... (this act), is repealed.

SB21,3156 Section 3156. 111.825 (1r) (ef) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB21,1230,13 111.825 (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), 2013 stats.

SB21,3157 Section 3157. 111.825 (1t) of the statutes, as affected by 2011 Wisconsin Act 32, is repealed.

SB21,3158 Section 3158. 111.825 (3) of the statutes, as affected by 2013 Wisconsin Act 166, is amended to read: