1999 Wisconsin Act 82

Note: Sections 4 to 19 place the statutory responsibilities of the department of workforce development with respect to vocational rehabilitation services in a new sequence to reflect the order in which those responsibilities are typically applied. No substantive changes are made in the provisions.

82,20 Section 20 . 47.02 (4) of the statutes is renumbered 47.02 (6).

Note: Section 20 places a provision containing the authority of the department of workforce development to provide financial assistance to persons with disabilities, accept gifts, grants and donations for purposes of ch. 47, stats., and provide personal assistance to persons with disabilities in a more logical sequence in the statutes.

82,21 Section 21 . 47.035 (1) of the statutes is amended to read:

47.035 (1) Except as authorized in sub. (2) if an individual receives direct funding for personal assistance services that are provided to the individual under s. 47.02 (4) (6) (c), and the services are provided through a county department of human services or social services or an aging unit, the county department or aging unit through which the services are provided shall serve directly as a fiscal agent or contract with a fiscal intermediary to serve as a fiscal agent for that individual for the purposes of performing the responsibilities and protecting the interests of the individual under the unemployment insurance law. The fiscal agent under this subsection is responsible for remitting any federal unemployment compensation taxes or state unemployment insurance contributions owed by the individual, including any interest and penalties which are owed by the individual; for serving as the representative of the individual in any investigation, meeting, hearing or appeal involving ch. 108 or the federal unemployment tax act (26 USC 3301 to 3311) in which the individual is a party; and for receiving, reviewing, completing and returning all forms, reports and other documents required under ch. 108 or the federal unemployment tax act on behalf of the individual.

82,22 Section 22 . 50.07 (3) (b) of the statutes is amended to read:

50.07 (3) (b) Any employe of an employer not described in par. (a) who is discharged or otherwise retaliated or discriminated against in violation of sub. (1) (e) or (em) may file a complaint with the department of workforce development under s. 106.06 106.54 (5).

82,23 Section 23. 66.432 (1) of the statutes is amended to read:

66.432 (1) Declaration of policy. The right of all persons to have equal opportunities for housing regardless of their sex, race, color, physical condition, disability as defined in s. 106.04 106.50 (1m) (g), sexual orientation as defined in s. 111.32 (13m), religion, national origin, marital status, family status as defined in s. 106.04 106.50 (1m) (k), lawful source of income, age or ancestry is a matter both of statewide concern under ss. 101.132 and 106.04 106.50 and also of local interest under this section and s. 66.433. The enactment of ss. 101.132 and 106.04 106.50 by the legislature shall not preempt the subject matter of equal opportunities in housing from consideration by political subdivisions, and shall not exempt political subdivisions from their duty, nor deprive them of their right, to enact ordinances which prohibit discrimination in any type of housing solely on the basis of an individual being a member of a protected class.

82,24 Section 24. 66.432 (1m) (a) of the statutes is amended to read:

66.432 (1m) (a) "Aggrieved person" has the meaning given in s. 106.04 106.50 (1m) (b).

82,25 Section 25. 66.432 (1m) (b) of the statutes is amended to read:

66.432 (1m) (b) "Complainant" has the meaning given in s. 106.04 106.50 (1m) (c).

82,26 Section 26. 66.432 (1m) (c) of the statutes is amended to read:

66.432 (1m) (c) "Discriminate" has the meaning given in s. 106.04 106.50 (1m) (h).

82,27 Section 27. 66.432 (1m) (d) of the statutes is amended to read:

66.432 (1m) (d) "Member of a protected class" has the meaning given in s. 106.04 106.50 (1m) (nm).

82,28 Section 28. 66.432 (2) of the statutes is amended to read:

66.432 (2) Antidiscrimination housing ordinances. Political subdivisions may enact ordinances prohibiting discrimination in housing within their respective boundaries solely on the basis of an individual being a member of a protected class. Such an ordinance may be similar to ss. 101.132 and 106.04 (1) to (8) 106.50 or may be more inclusive in its terms or in respect to the different types of housing subject to its provisions, but any such ordinance establishing a forfeiture as a penalty for violation shall not be for an amount that is less than the statutory forfeitures under s. 106.04 106.50 (6) (h). Such an ordinance may permit a complainant, aggrieved person or respondent to elect to remove the action to circuit court after a finding has been made that there is reasonable cause to believe that a violation of the ordinance has occurred. Such an ordinance may also authorize the political subdivision, at any time after a complaint has been filed alleging an ordinance violation, to file a complaint in circuit court seeking a temporary injunction or restraining order pending final disposition of the complaint.

82,29 Section 29. 77.265 (4) of the statutes is amended to read:

77.265 (4) The department of workforce development may use the returns under s. 106.04 106.50.

82,30 Section 30. 101.055 (8) (ag) of the statutes is amended to read:

101.055 (8) (ag) In this subsection, "division of equal rights" means the division of equal rights in the department of workforce development acting under the authority provided in s. 106.06 106.54 (4).

82,31 Section 31. 101.132 (1) (e) of the statutes is amended to read:

101.132 (1) (e) "Disability" has the meaning given in s. 106.04 106.50 (1m) (g).

82,32 Section 32. 101.132 (1) (f) of the statutes is amended to read:

101.132 (1) (f) "Dwelling unit" has the meaning given in s. 106.04 106.50 (1m) (i).

82,33 Section 33. 101.132 (1) (g) of the statutes is amended to read:

101.132 (1) (g) "Housing" has the meaning given in s. 106.04 106.50 (1m) (L).

82,34 Section 34. 101.132 (2) (a) (intro.) of the statutes is amended to read:

101.132 (2) (a) (intro.) In addition to discrimination prohibited under s. 106.04 106.50 (2), (2m) and (2r) (b) and (bm), no person may design or construct covered multifamily housing unless it meets all of the following standards:

82,35 Section 35. 101.62 of the statutes is amended to read:

101.62 Dwelling code council; power. The dwelling code council shall review the standards and rules for one- and 2-family dwelling construction and recommend a uniform dwelling code for adoption by the department which shall include rules providing for the conservation of energy in the construction and maintenance of dwellings and for costs of specific code provisions to home buyers to be related to the benefits derived from such provisions. The council shall study the need for and availability of one-family and 2-family dwellings that are accessible to persons with disabilities, as defined in s. 106.04 106.50 (1m) (g), and shall make recommendations to the department for any changes to the uniform dwelling code that may be needed to ensure an adequate supply of one-family and 2-family dwellings. Upon its own initiative or at the request of the department, the council shall consider and make recommendations to the department pertaining to rules and any other matters related to this subchapter. The council shall recommend variances for different climate and soil conditions throughout the state.

82,36 Section 36 . 103.04 (1) of the statutes is amended to read:

103.04 (1) The commission shall issue its decision in any case where a petition for review is filed under ch. 102 or 108 or s. 66.191, 1981 stats., or s. 40.65 (2), 106.04 (10), 106.07 106.52 (4), 106.56 (4), 111.39, 303.07 (7) or 303.21.

Note: Sections 1 to 3 and 22 to 36 change cross-references to reflect the new structure created for ch. 106, stats., by this bill.

82,37 Section 37. Chapter 106 (title) of the statutes is amended to read:

CHAPTER 106

APPRENTICE AND, EMPLOYMENT and
equal rights PROGRAMS

Note: The title of ch. 106, stats., is amended to reflect that the chapter deals with three topics: apprentice, employment and equal rights programs.

82,38 Section 38. 106.04 (title) of the statutes is renumbered 106.50 (title) and amended to read:

106.50 (title) Equal rights Open housing.

Note: The change in the title of the renumbered provision reflects that the provisions in current s. 106.04, stats., that relate to housing discrimination are placed in a new statute relating only to that topic. Other provisions in current s. 106.04, stats., that relate to discrimination in public places of accommodation or amusement are placed in new s. 106.52, stats., created by this bill.

82,39 Section 39 . 106.04 (1) of the statutes is renumbered 106.50 (1).

82,40 Section 40. 106.04 (1m) (intro.) of the statutes is renumbered 106.50 (1m) (intro.).

82,41 Section 41. 106.04 (1m) (ad) of the statutes is renumbered 106.50 (1m) (ad).

82,42 Section 42. 106.04 (1m) (am) of the statutes is renumbered 106.50 (1m) (am).

82,43 Section 43. 106.04 (1m) (b) of the statutes is renumbered 106.50 (1m) (b).

82,44 Section 44. 106.04 (1m) (c) of the statutes is renumbered 106.50 (1m) (c) and amended to read:

106.50 (1m) (c) "Complainant" means a person who files a complaint alleging discrimination in housing or public place of accommodation or amusement.

82,45 Section 45. 106.04 (1m) (d) of the statutes is renumbered 106.50 (1m) (d).

82,46 Section 46. 106.04 (1m) (e) of the statutes is renumbered 106.50 (1m) (e).

82,47 Section 47. 106.04 (1m) (f) of the statutes is renumbered 106.50 (1m) (f).

82,48 Section 48. 106.04 (1m) (g) of the statutes is renumbered 106.50 (1m) (g).

82,49 Section 49. 106.04 (1m) (h) of the statutes is renumbered 106.50 (1m) (h).

82,50 Section 50. 106.04 (1m) (i) of the statutes is renumbered 106.50 (1m) (i).

82,51 Section 51. 106.04 (1m) (j) of the statutes is renumbered 106.50 (1m) (j).

82,52 Section 52. 106.04 (1m) (k) of the statutes is renumbered 106.50 (1m) (k).

82,53 Section 53. 106.04 (1m) (km) of the statutes is renumbered 106.50 (1m) (km).

82,54 Section 54. 106.04 (1m) (L) of the statutes is renumbered 106.50 (1m) (L).

82,55 Section 55. 106.04 (1m) (m) of the statutes is renumbered 106.50 (1m) (m).

82,56 Section 56 . 106.04 (1m) (mm) of the statutes is renumbered 106.50 (1m) (mm).

Note: Sections 39 to 56 place provisions of current s. 106.04, stats., relating to open housing in new s. 106.50 stats., created by this bill.

82,57 Section 57. 106.04 (1m) (n) of the statutes is renumbered 106.52 (1) (d).

Note: This Section moves the definition of "lodging establishment", which is used only in the provisions relating to discrimination in public places of accommodation or amusement, to new s. 106.52, stats., created by this bill.

82,58 Section 58 . 106.04 (1m) (nm) of the statutes is renumbered 106.50 (1m) (nm).

82,59 Section 59 . 106.04 (1m) (om) of the statutes is renumbered 106.50 (1m) (om).

Note: Sections 58 and 59 place definitions in current s. 106.04, stats., relating to open housing in new s. 106.50, stats., created by this bill.

82,60 Section 60. 106.04 (1m) (p) of the statutes is renumbered 106.52 (1) (e).

Note: This Section places the definition of "public place of accommodation or amusement" in new s. 106.52, stats., created by this bill, relating to discrimination in public places of accommodation or amusement created by this bill.

82,61 Section 61 . 106.04 (1m) (q) of the statutes is renumbered 106.50 (1m) (q).

82,62 Section 62. 106.04 (1m) (r) of the statutes is renumbered 106.50 (1m) (r).

82,63 Section 63. 106.04 (1m) (s) of the statutes is renumbered 106.50 (1m) (s) and amended to read:

106.50 (1m) (s) "Respondent" means the person accused in a complaint or amended complaint of discrimination in housing and any other person identified in the course of an investigation as allegedly having discriminated in housing or in providing a public place of accommodation or amusement.

82,64 Section 64 . 106.04 (1m) (t) of the statutes is renumbered 106.50 (1m) (t).

Note: Sections 61 to 64 move definitions that are used in the open housing law to new s. 106.50, stats., created by this bill.

82,65 Section 65 . 106.04 (1s) of the statutes is renumbered 106.50 (1s).

82,66 Section 66. 106.04 (2) of the statutes is renumbered 106.50 (2).

82,67 Section 67. 106.04 (2m) of the statutes is renumbered 106.50 (2m).

82,68 Section 68. 106.04 (2r) of the statutes is renumbered 106.50 (2r).

82,69 Section 69. 106.04 (5m) of the statutes is renumbered 106.50 (5m).

82,70 Section 70. 106.04 (6) of the statutes is renumbered 106.50 (6).

82,71 Section 71 . 106.04 (6m) of the statutes is renumbered 106.50 (6m).

Note: Sections 65 to 71 move provisions relating to administration of the open housing law, discrimination in housing, representations designed to induce panic sales, discrimination in housing against persons with disabilities, exemptions and exclusions, fair housing enforcement and civil actions for discrimination in housing to the new s. 106.50, stats., created by this bill, relating to open housing.

82,72 Section 72 . 106.04 (8) (title) of the statutes is renumbered 106.50 (8) (title).

82,73 Section 73. 106.04 (8) (a) of the statutes is renumbered 106.50 (8) (a) and amended to read:

106.50 (8) (a) If the department finds reasonable cause to believe that an act of discrimination has been or is being committed in violation of this section by a person taking an action prohibited under sub. (2), (2m) or (2r), or probable cause to believe that an act has been or is being committed in violation of sub. (9), and that the person is licensed or chartered under state law, the department shall notify the licensing or chartering agency of its findings, and may file a complaint with such agency together with a request that the agency initiate proceedings to suspend or revoke the license or charter of such person or take other less restrictive disciplinary action.

82,74 Section 74 . 106.04 (8) (b) of the statutes is renumbered 106.50 (8) (b).

Note: Sections 72 to 74 place provisions relating to discrimination in housing by licensed or chartered persons in new s. 106.50, stats., created by this bill, relating to open housing.