1997 Wisconsin Act 237

237,344 Section 344 . 106.04 (2r) (c) 3. of the statutes is renumbered 101.132 (2) (a) 3.

237,345 Section 345 . 106.04 (2r) (c) 4. of the statutes is renumbered 101.132 (2) (a) 4.

237,346 Section 346 . 106.04 (2r) (d) of the statutes is renumbered 101.132 (2) (b) and amended to read:

101.132 (2) (b) Remodeling. 1. If more than 50% of the interior square footage of any housing with 3 or more dwelling units is to be remodeled, the entire housing shall conform to the standards in par. (c) (a), regardless of when the housing was first intended for occupancy.

2. If 25% to 50% of the interior square footage of any housing with 3 or more dwelling units is to be remodeled, that part of the housing that is to be remodeled shall conform to the standards in par. (c) (a), regardless of when the housing was first intended for occupancy.

3. If less than 25% of the interior square footage of any housing with 3 or more dwelling units is to be remodeled, the remodeling is not subject to the standards in par. (c) (a) unless the alteration involves work on doors, entrances, exits or toilet rooms, in which case the doors, entrances, exits or toilet rooms shall conform to the standards in par. (c) (a) regardless of when the housing was first intended for occupancy.

4. The department may grant a variance or waiver from the requirements under this paragraph relating to exterior accessibility using the standards and procedures under par. (e) (c).

237,347 Section 347 . 106.04 (2r) (e) of the statutes is renumbered 101.132 (2) (c) and amended to read:

101.132 (2) (c) Permit and variance procedures. 1. Plans and specifications for all covered multifamily housing subject to par. (c) (a) and proposed remodeling subject to par. (d) (b) shall be submitted to the department or its authorized representative for examination and approval before commencing work. The department shall promulgate rules that specify the materials to be included in the submittal, the procedures to be followed upon receipt of a submittal, reasonable time limitations for reviewing submittals and issuing or denying permits and qualifications for authorized representatives.

2. The department may grant a variance from the requirements relating to exterior accessibility under par. (c) (a) 1. or (d) (b), or from administrative rules promulgated under sub. (1s) par. (e) 2. or 3., if the person designing, constructing or remodeling the housing shows that meeting those requirements is impractical because of the terrain or unusual characteristics of the site. The department shall use a slope analysis of the undisturbed site for covered multifamily housing under par. (c) (a) or the existing site for remodeling under par. (d) (b) to determine the minimum number of accessible entrances at each site, with a minimum goal of exterior accessibility of 50% of the dwelling units of covered multifamily housing at one site. The department may impose specific conditions in granting a variance to promote exterior accessibility of the housing to persons with disabilities. If the department finds that exterior accessibility is impractical as to all dwelling units at a site, it may grant a waiver from the requirements under par. (c) (a) 1. or (d) (b).

237,348 Section 348 . 106.04 (2r) (f) (title) and 1. of the statutes are renumbered 101.132 (2) (d) (title) and 1.

237,349 Section 349 . 106.04 (2r) (f) 2. of the statutes is renumbered 101.132 (2) (d) 2. and amended to read:

101.132 (2) (d) 2. Subdivision 1. does not apply to remodeled or covered multifamily housing for which a building permit is issued on or after the first day of the 7th month beginning after the effective date of administrative rules promulgated by the department under this subsection establishing the accessibility standards for design and construction under par. (c) January 1, 1995.

237,350 Section 350 . 106.04 (2r) (g) (title) and 1. of the statutes are renumbered 101.132 (2) (e) (title) and 1.

237,351 Section 351 . 106.04 (2r) (g) 2. of the statutes is renumbered 101.132 (2) (e) 2. and amended to read:

101.132 (2) (e) 2. The department shall promulgate rules establishing minimum accessibility requirements for the design and construction of covered multifamily housing and the remodeling of housing that are consistent with this subsection, that incorporate the applicable standards under ANSI A117.1 and that set forth permit and variance procedures for purposes of par. (e) (c).

237,352m Section 352m. 106.04 (2r) (g) 3. of the statutes is repealed.

237,353 Section 353. 106.04 (6) (a) 3. of the statutes is amended to read:

106.04 (6) (a) 3. The complaint may be filed by an aggrieved person, by an interested person, or by the department of workforce development under par. (b) or, if the complaint charges a violation of sub. (2r) (c), by the department of commerce. The department of workforce development shall, upon request, provide appropriate assistance in completing and filing complaints.

237,354 Section 354 . 106.04 (6) (b) of the statutes is amended to read:

106.04 (6) (b) Powers and duties of department. The department of workforce development and its duly authorized agents may hold hearings, subpoena witnesses, take testimony and make investigations as provided in this subsection. The department of workforce development may test and investigate for the purpose of establishing violations of sub. (2), (2m) or (2r) and may make, sign and file complaints alleging violations of sub. (2), (2m) or (2r). In addition, the department of commerce may make, sign and file complaints alleging violations of sub. (2r) (c). The department of workforce development shall employ examiners to hear and decide complaints of discrimination under this section, and to assist in the administration of this section. The examiners may make findings and issue orders under this subsection. The department of workforce development shall develop and implement an investigation manual for use in conducting investigations under par. (c).

237,354g Section 354g. 106.04 (9) (d) of the statutes is created to read:

106.04 (9) (d) Nothing in this subsection prohibits a domestic abuse services organization, as defined in s. 895.67 (1) (b), from providing separate shelter facilities, private home shelter care, advocacy, counseling or other care, treatment or services for persons of different sexes or from providing for separate treatment of persons based on sex with regard to the provision of shelter facilities, private home shelter care, advocacy, counseling or other care, treatment or services for persons of different sexes.

237,354m Section 354m. 109.01 (1r) of the statutes is created to read:

109.01 (1r) “Employe" means any person employed by an employer in this state, except that “employe" does not include an officer or director of a corporation, cooperative or association, a member or manager of a limited liability company, a partner of a partnership or a joint venture or the owner of a sole proprietorship.

237,354n Section 354n. 109.01 (2) of the statutes is amended to read:

109.01 (2) Except as provided in s. ss. 109.07 (1) (d) and 109.075 (1) (c), “employer" means any person engaged in any activity, enterprise or business employing one or more persons within the state, including the state and its political subdivisions and charitable, nonprofit or tax-exempt organizations and institutions.

237,354p Section 354p. 109.01 (3) of the statutes, as affected by 1997 Wisconsin Act 39, is amended to read:

109.01 (3) “Wage" or “wages" mean remuneration payable to an employe for personal services actually rendered, including salaries, commissions, holiday and vacation pay, overtime pay, severance pay or dismissal pay, supplemental unemployment benefit plan payments when required under a binding collective bargaining agreement, bonuses and any other similar advantages for personal services actually rendered agreed upon between the employer and the employe or provided by the employer to the employes as an established policy. “ Wage" or “wages" do not include severance pay, dismissal pay, supplemental unemployment benefit plan payments when required under a binding collective bargaining agreement or any other similar advantages payable to an employe, but not for personal services actually rendered.

237,354q Section 354q. 109.075 of the statutes is created to read:

109.075 Cessation of health care benefits affecting employes, retirees and dependents; advance notice required. (1) In this section:

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

(b) “Employe benefit plan" means a plan as defined in 29 USC 1002 (3).

(c) “Employer" means any business enterprise that employs 50 or more persons in this state.

(d) “Health care benefits" means coverage of health care expenses under an employe benefit plan.

(2) Subject to sub. (5) or (6), an employer who has decided to cease providing health care benefits in this state shall promptly notify any affected employe, retiree or dependent and any collective bargaining representative of any affected employe, retiree or dependent in writing of such action no later than 60 days prior to the date that the cessation of health care benefits takes place. This subsection does not apply to a cessation of health care benefits that is caused by a strike or lockout.

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

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

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

1. The day that the employer actually gave the notice to the affected employe, retiree or dependent.

2. The day that the cessation of health care benefits occurred.

(4) (a) An affected employe, retiree or dependent whose employer or former employer, or whose spouse's or parent's employer or former employer, fails to notify timely the affected employe, retiree or dependent under sub. (2) may file a claim with the department. If the affected employe, retiree or dependent files a claim with the department no later than 300 days after the cessation of health care benefits occurred, the department shall, in the manner provided in s. 109.09, investigate the claim, determine the number of days that the employer or former employer was late in providing notice and, on behalf of the affected employe, retiree or dependent, attempt to recover from the employer or former employer the payment under sub. (3).

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

(c) If the department of justice does not bring an action under par. (b) within 120 days after the claim is referred to it, the affected employe, retiree or dependent may bring an action in circuit court to recover the payment under sub. (3). If the affected employe, retiree or dependent prevails in the action, he or she shall also recover costs under ch. 814 and, notwithstanding s. 814.04 (1), reasonable attorney fees.

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

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

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

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

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

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

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

(b) Business circumstances that were not foreseeable when the notice would have been timely given.

(c) A natural or man-made disaster beyond the control of the employer.

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

(7) Each employer shall post, in one or more conspicuous places where notices to employes are customarily posted, a notice in a form approved by the department setting forth the rights of employes, retirees and dependents under this section. Any employer who violates this subsection shall forfeit not more than $100.

(8) Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.

237,354r Section 354r. 109.09 (2) of the statutes, as affected by 1997 Wisconsin Act 27, is renumbered 109.09 (2) (a) and amended to read:

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

(b) 1. A lien under this subsection par. (a) upon real property takes effect when the department of workforce development or employe files a verified petition claiming notice of the lien with the clerk of the circuit court of the county in which the services or some part of the services were performed, pays the fee specified in s. 814.61 (5) to that clerk of circuit court and serves a copy of that petition on the employer by personal service in the same manner as a summons is served under s. 801.11 or by certified mail with a return receipt requested. The clerk of circuit court shall enter the notice of the lien on the judgment and lien docket kept under s. 779.07.

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

(c) A lien shall take under par. (a) takes precedence over all other debts, judgments, decrees, liens or mortgages against the employer that originate after the lien takes effect as provided in par. (b) 1. or 2., except a lien under s. 292.31 (8) (i) or 292.81, and may be enforced in the manner provided in ss. 779.09 to 779.12, 779.20 and 779.21, insofar as such those provisions are applicable. The lien ceases to exist if the department of workforce development or the employe does not bring an action to enforce the lien within the period prescribed in s. 893.44 for the underlying wage claim.

237,354t Section 354t. 109.09 (2) (b) 2. of the statutes is created to read:

109.09 (2) (b) 2. A lien under par. (a) upon personal property takes effect when the department of workforce development or employe files a notice of the lien with the department of financial institutions, pays the fee specified in s. 409.403 (5) (b) to the department of financial institutions and serves a copy of the notice on the employer by personal service in the same manner as a summons is served under s. 801.11 or by certified mail with a return receipt requested. The department of financial institutions shall place the notice of the lien in the same file as financing statements are filed under ss. 409.401 and 409.402.

237,354u Section 354u. 109.12 (1) (a) of the statutes is amended to read:

109.12 (1) (a) Aid the administration of this chapter, including the enforcement of s. ss. 109.07 and 109.075 and criteria for exceptions under s. ss. 109.07 (5) and (6) and 109.075 (5) and (6).

237,354v Section 354v. 109.12 (1) (b) of the statutes is amended to read:

109.12 (1) (b) Establish the form and content of the record required under s. 109.07 (5) (b) and the record required under s. 109.075 (5) (b) and specify the documents that must contain notarized signatures.

237,354w Section 354w. 109.12 (2) of the statutes is amended to read:

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

237,354x Section 354x. 109.12 (3) of the statutes is amended to read:

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

237,354y Section 354y. 111.322 (2m) (a) of the statutes is amended to read:

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

237,354z Section 354z. 111.322 (2m) (b) of the statutes is amended to read:

111.322 (2m) (b) The individual testifies or assists in any action or proceeding held under or to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.455, 103.50, 104.12, 109.03 or, 109.07 or 109.075 or ss. 101.58 to 101.599 or 103.64 to 103.82.

237,355 Section 355 . 111.70 (1) (fm) of the statutes is created to read:

111.70 (1) (fm) “Fringe benefit savings" means the amount, if any, by which 1.7% of the total compensation and fringe benefit costs for all municipal employes in a collective bargaining unit for any 12-month period covered by a proposed collective bargaining agreement exceeds the increased cost required to maintain the percentage contribution by the municipal employer to the municipal employes' existing fringe benefit costs and to maintain all fringe benefits provided to the municipal employes, as determined under sub. (4) (cm) 8s.

237,356 Section 356 . 111.70 (1) (nc) 1. b. of the statutes is amended to read:

111.70 (1) (nc) 1. b. In any collective bargaining unit in which the municipal employe positions were on August 12, 1993, assigned to salary ranges with steps that determine the levels of progression within each salary range during a 12-month period, a proposal to provide for a salary increase of at least one full step for each 12-month period covered by the proposed collective bargaining agreement, beginning with the expiration date of any previous collective bargaining agreement, for each municipal employe who is eligible for a within range salary increase, unless the increased cost of providing such a salary increase, as determined under sub. (4) (cm) 8s., exceeds 2.1% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit for any 12-month period covered by the proposed collective bargaining agreement plus any fringe benefit savings, or unless the increased cost required to maintain the percentage contribution by the municipal employer to the municipal employes' existing fringe benefit costs and to maintain all fringe benefits provided to the municipal employes, as determined under sub. (4) (cm) 8s., in addition to the increased cost of providing such a salary increase, exceeds 3.8% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit for any 12-month period covered by the proposed collective bargaining agreement, in which case the offer shall include provision for a salary increase for each such municipal employe in an amount at least equivalent to that portion of a step for each such 12-month period that can be funded after the increased cost in excess of 2.1% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit plus any fringe benefit savings is subtracted, or in an amount equivalent to that portion of a step for each such 12-month period that can be funded from the amount that remains, if any, after the increased cost of such maintenance exceeding 1.7% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit for each 12-month period is subtracted on a prorated basis, whichever is the lower amount.

237,357 Section 357 . 111.70 (1) (nc) 1. c. of the statutes is amended to read:

111.70 (1) (nc) 1. c. A proposal to provide for an average salary increase for each 12-month period covered by the proposed collective bargaining agreement, beginning with the expiration date of any previous collective bargaining agreement, for the municipal employes in the collective bargaining unit at least equivalent to an average cost of 2.1% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit for each 12-month period covered by the proposed collective bargaining agreement plus any fringe benefit savings, beginning with the expiration date of any previous collective bargaining agreement, including that percentage required to provide for any step increase and any increase due to a promotion or the attainment of increased professional qualifications, as determined under sub. (4) (cm) 8s., unless the increased cost of providing such a salary increase, as determined under sub. (4) (cm) 8s., exceeds 2.1% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit for any 12-month period covered by the proposed collective bargaining agreement plus any fringe benefit savings, or unless the increased cost required to maintain the percentage contribution by the municipal employer to the municipal employes' existing fringe benefit costs and to maintain all fringe benefits provided to the municipal employes, as determined under sub. (4) (cm) 8s., in addition to the increased cost of providing such a salary increase, exceeds 3.8% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit for any 12-month period covered by the collective bargaining agreement, in which case the offer shall include provision for a salary increase for each such period for the municipal employes covered by the agreement at least equivalent to an average of that percentage, if any, for each such period of the prorated portion of 2.1% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit plus any fringe benefit savings that remains, if any, after the increased cost of such maintenance exceeding 1.7% of the total compensation and fringe benefit costs for all municipal employes in the collective bargaining unit for each 12-month period and the cost of a salary increase of at least one full step for each municipal employe in the collective bargaining unit who is eligible for a within range salary increase for each 12-month period is subtracted from that total cost.

237,357d Section 357d. 111.91 (2) (p) of the statutes is created to read:

111.91 (2) (p) The requirements related to coverage of drugs and devices under s. 632.853.

237,357e Section 357e. 111.91 (2) (q) of the statutes is created to read:

111.91 (2) (q) The requirements related to experimental treatment under s. 632.855.

237,358 Section 358 . 115.31 (title) of the statutes is amended to read:

115.31 (title) License or permit revocation; reports; investigation.

237,359 Section 359 . 115.31 (6m) of the statutes is created to read:

115.31 (6m) The department of public instruction shall, without a hearing, revoke a license or permit granted by the department of public instruction if the department of revenue certifies under s. 73.0301 that the licensee or permit holder is liable for delinquent taxes.