AB640: Bill Text

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1999 - 2000 LEGISLATURE

1999 Assembly BILL 640

January 11, 2000 - Introduced by Law Revision Committee. Referred to Committee on Labor and Employment.

AB640,2,14 An Act to renumber 47.02 (3) (intro.), 47.02 (3) (a), 47.02 (3) (b), 47.02 (3) (c), 47.02 (3) (e), 47.02 (3) (f), 47.02 (3) (g), 47.02 (3) (h), 47.02 (3) (i), 47.02 (3) (k), 47.02 (3) (L), 47.02 (3) (m), 47.02 (3) (n), 47.02 (3) (o), 47.02 (4), 106.04 (1), 106.04 (1m) (intro.), 106.04 (1m) (ad), 106.04 (1m) (am), 106.04 (1m) (b), 106.04 (1m) (d), 106.04 (1m) (e), 106.04 (1m) (f), 106.04 (1m) (g), 106.04 (1m) (h), 106.04 (1m) (i), 106.04 (1m) (j), 106.04 (1m) (k), 106.04 (1m) (km), 106.04 (1m) (L), 106.04 (1m) (m), 106.04 (1m) (mm), 106.04 (1m) (n), 106.04 (1m) (nm), 106.04 (1m) (om), 106.04 (1m) (p), 106.04 (1m) (q), 106.04 (1m) (r), 106.04 (1m) (t), 106.04 (1s), 106.04 (2), 106.04 (2m), 106.04 (2r), 106.04 (5m), 106.04 (6), 106.04 (6m), 106.04 (8) (title), 106.04 (8) (b), 106.04 (9), 106.04 (10) (title), 106.04 (10) (a) (title), 106.04 (10) (b), 106.04 (10) (d) (title), 106.04 (10) (d) 3., 106.04 (10) (e) (title), 106.04 (10) (e) 2., 106.04 (10) (e) 3., 106.06, 106.07 (title), 106.07 (1), 106.07 (2), 106.07 (3), 106.07 (4) (b) and 106.08; to renumber and amend 47.02 (3) (d), 47.02 (3) (j), 106.04 (title), 106.04 (1m) (c), 106.04 (1m) (s), 106.04 (8) (a), 106.04 (10) (a) 1., 106.04 (10) (a) 2., 106.04 (10) (a) 3., 106.04 (10) (a) 4., 106.04 (10) (a) 5., 106.04 (10) (c), 106.04 (10) (d) 1., 106.04 (10) (d) 2., 106.04 (10) (e) 1. and 106.07 (4) (a); to amend 15.157 (3), 16.009 (5) (d), 46.90 (4) (b) 2. b., 47.035 (1), 50.07 (3) (b), 66.432 (1), 66.432 (1m) (a), 66.432 (1m) (b), 66.432 (1m) (c), 66.432 (1m) (d), 66.432 (2), 77.265 (4), 101.055 (8) (ag), 101.132 (1) (e), 101.132 (1) (f), 101.132 (1) (g), 101.132 (2) (a) (intro.), 101.62, 103.04 (1), chapter 106 (title), 108.02 (13) (k), 224.77 (5) (b), 227.03 (3m), 227.40 (2) (e), 452.17 (4) (b), 452.23 (1), 703.10 (2m), 814.04 (intro.) and 895.437 (1) (c); and to create subchapter III (title) of chapter 106 [precedes 106.50], 106.52 (title), 106.52 (1), 106.52 (2) and 106.52 (5) of the statutes; relating to: the location in the statutes of the equal rights programs administered by the department of workforce development and reorganizing certain statutes concerning vocational rehabilitation (suggested as remedial legislation by the department of workforce development).

Analysis by the Legislative Reference Bureau

Under current law, the department of workforce development (DWD) administers certain equal rights programs, including programs to prohibit discrimination in housing, discrimination in the enjoyment of public places of accommodation or amusement, discrimination in public education, discrimination in postsecondary education and discrimination or retaliation against a person who reports elder abuse or who provides information relating to an alleged violation by a long-term care facility to a state official, including the long-term care ombudsman. Currently, the statutory provisions governing those equal rights programs are located in chapter 106 of the statutes, which is entitled "Apprentice and Employment Programs" and, within that chapter, are located in subchapter II, which is entitled "Employment Programs". This bill changes the title of chapter 106 of the statutes to "Apprentice, Employment and Equal Rights Programs", creates a new subchapter III within that chapter entitled "Equal Rights Programs" and renumbers the equal rights provisions of chapter 106 to place those provisions under the new subchapter created by the bill.

Under current law, DWD administers the vocational rehabilitation program and specialized programs for persons with disabilities. This bill reorganizes the statutes related to vocational rehabilitation and specialized programs for persons with disabilities so that they appear in the order in which they are typically applied.

The following chart specifies the current and new statutory citations: - See PDF for table

For further information, see 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 department of workforce development and introduced by the law revision committee under s. 13.83 (1) (c) 4., stats. After careful consideration of the various provisions of the bill, the law revision committee has determined that this bill makes minor substantive changes in the statutes, and that these changes are desirable as a matter of public policy.

AB640, s. 1 Section 1 . 15.157 (3) of the statutes is amended to read:

AB640,4,13 15.157 (3) Dwelling code council. There is created in the department of commerce, a dwelling code council, consisting of 17 members appointed for staggered 3-year terms. Four members shall be representatives of building trade labor organizations; 4 members shall be certified building inspectors employed by local units of government; 2 members shall be representatives of building contractors actively engaged in on-site construction of one- and 2-family housing; 2 members shall be representatives of manufacturers or installers of manufactured one- and 2-family housing; one member shall be an architect, engineer or designer actively engaged in the design or evaluation of one- and 2-family housing; 2 members shall represent the construction material supply industry; and 2 members shall represent the public, one of whom shall represent persons with disabilities, as defined in s. 106.04 106.50 (1m) (g). An employe of the department designated by the secretary of commerce shall serve as nonvoting secretary of the council. The council shall meet at least twice a year. Eleven members of the council shall constitute a quorum. For the purpose of conducting business a majority vote of the council is required.

AB640, s. 2 Section 2. 16.009 (5) (d) of the statutes is amended to read:

AB640,4,18 16.009 (5) (d) Any employe of an employer not described in par. (c) and who is discharged or otherwise retaliated or discriminated against in violation of par. (a) may file a complaint with the department of workforce development under s. 106.06 106.54 (5).

AB640, s. 3 Section 3 . 46.90 (4) (b) 2. b. of the statutes is amended to read:

AB640,4,22 46.90 (4) (b) 2. b. Any employe of an employer not described in subd. 2. a. who is discharged or otherwise discriminated against may file a complaint with the department of workforce development under s. 106.06 106.54 (5).

AB640, s. 4 Section 4 . 47.02 (3) (intro.) of the statutes is renumbered 47.02 (3m) (intro.).

AB640, s. 5 Section 5. 47.02 (3) (a) of the statutes is renumbered 47.02 (3m) (c).

AB640, s. 6 Section 6. 47.02 (3) (b) of the statutes is renumbered 47.02 (3m) (L).

AB640, s. 7 Section 7. 47.02 (3) (c) of the statutes is renumbered 47.02 (3m) (e).

AB640, s. 8 Section 8. 47.02 (3) (d) of the statutes is renumbered 47.02 (3m) (g) and amended to read:

AB640,5,8 47.02 (3m) (g) Aid persons with disabilities in securing the services needed to make them more employable, place persons with disabilities in suitable occupations and provide postemployment services, as defined in the rehabilitation program developed under par. (c) (e) of a person with a disability, necessary to maintain employment.

AB640, s. 9 Section 9. 47.02 (3) (e) of the statutes is renumbered 47.02 (3m) (d).

AB640, s. 10 Section 10. 47.02 (3) (f) of the statutes is renumbered 47.02 (3m) (a).

AB640, s. 11 Section 11. 47.02 (3) (g) of the statutes is renumbered 47.02 (3m) (o).

AB640, s. 12 Section 12. 47.02 (3) (h) of the statutes is renumbered 47.02 (3m) (b).

AB640, s. 13 Section 13. 47.02 (3) (i) of the statutes is renumbered 47.02 (3m) (h).

AB640, s. 14 Section 14 . 47.02 (3) (j) of the statutes is renumbered 47.02 (3m) (m) and amended to read:

AB640,5,20 47.02 (3m) (m) Except as provided in par. (o) (n), determine the financial need of persons with disabilities based upon a uniform fee schedule as provided under s. 46.03 (18) for the provision or purchase of vocational rehabilitation services specified in the rehabilitation program developed under par. (c) (e) of the person with a disability.

AB640, s. 15 Section 15. 47.02 (3) (k) of the statutes is renumbered 47.02 (3m) (i).

AB640, s. 16 Section 16. 47.02 (3) (L) of the statutes is renumbered 47.02 (3m) (j).

AB640, s. 17 Section 17. 47.02 (3) (m) of the statutes is renumbered 47.02 (3m) (k) .

AB640, s. 18 Section 18. 47.02 (3) (n) of the statutes is renumbered 47.02 (3m) (f).

AB640, s. 19 Section 19 . 47.02 (3) (o) of the statutes is renumbered 47.02 (3m) (n).

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.

AB640, s. 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.

AB640, s. 21 Section 21 . 47.035 (1) of the statutes is amended to read:

AB640,6,18 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.

AB640, s. 22 Section 22 . 50.07 (3) (b) of the statutes is amended to read:

AB640,7,4 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).

AB640, s. 23 Section 23. 66.432 (1) of the statutes is amended to read:

AB640,7,17 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.

AB640, s. 24 Section 24. 66.432 (1m) (a) of the statutes is amended to read:

AB640,7,20 66.432 (1m) (a) "Aggrieved person" has the meaning given in s. 106.04 106.50 (1m) (b).

AB640, s. 25 Section 25. 66.432 (1m) (b) of the statutes is amended to read:

AB640,7,23 66.432 (1m) (b) "Complainant" has the meaning given in s. 106.04 106.50 (1m) (c).

AB640, s. 26 Section 26. 66.432 (1m) (c) of the statutes is amended to read:

AB640,8,2 66.432 (1m) (c) "Discriminate" has the meaning given in s. 106.04 106.50 (1m) (h).

AB640, s. 27 Section 27. 66.432 (1m) (d) of the statutes is amended to read:

AB640,8,5 66.432 (1m) (d) "Member of a protected class" has the meaning given in s. 106.04 106.50 (1m) (nm).

AB640, s. 28 Section 28. 66.432 (2) of the statutes is amended to read:

AB640,8,20 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.

AB640, s. 29 Section 29. 77.265 (4) of the statutes is amended to read:

AB640,8,23 77.265 (4) The department of workforce development may use the returns under s. 106.04 106.50.

AB640, s. 30 Section 30. 101.055 (8) (ag) of the statutes is amended to read:

AB640,9,3 101.055 (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).

AB640, s. 31 Section 31. 101.132 (1) (e) of the statutes is amended to read:

AB640,9,5 101.132 (1) (e) "Disability" has the meaning given in s. 106.04 106.50 (1m) (g).

AB640, s. 32 Section 32. 101.132 (1) (f) of the statutes is amended to read:

AB640,9,8 101.132 (1) (f) "Dwelling unit" has the meaning given in s. 106.04 106.50 (1m) (i).

AB640, s. 33 Section 33. 101.132 (1) (g) of the statutes is amended to read:

AB640,9,10 101.132 (1) (g) "Housing" has the meaning given in s. 106.04 106.50 (1m) (L).

AB640, s. 34 Section 34. 101.132 (2) (a) (intro.) of the statutes is amended to read:

AB640,9,14 101.132 (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:

AB640, s. 35 Section 35. 101.62 of the statutes is amended to read:

AB640,9,25 101.62 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.

AB640, s. 36 Section 36 . 103.04 (1) of the statutes is amended to read:

AB640,10,8 103.04 (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.

AB640, s. 37 Section 37. Chapter 106 (title) of the statutes is amended to read:

AB640,10,10 CHAPTER 106

AB640,10,12 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.

AB640, s. 38 Section 38. 106.04 (title) of the statutes is renumbered 106.50 (title) and amended to read:

AB640,10,15 106.50 (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.

AB640, s. 39 Section 39 . 106.04 (1) of the statutes is renumbered 106.50 (1).