AB64: Bill Text

AB64,654,2 103.503 (3) (a) 2. A requirement that employees performing the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 (2m), 2015 stats., on a project of public works or performing work on a public utility project submit to random, reasonable suspicion, and post-accident drug and alcohol testing and to drug and alcohol testing before commencing work on the project, except that testing of an employee before commencing work on a project is not required if the employee has been participating in a random testing program during the 90 days preceding the date on which the employee commenced work on the project.

AB64,1392 Section 1392 . 103.545 (6) of the statutes is amended to read:

AB64,654,9 103.545 (6) Upon complaint of an affected employer, labor organization, or employee, the department may investigate violations and issue orders to enforce this section. The investigations and orders shall be made as provided under s. 103.005. Orders are subject to review as provided in ch. 227. The department of justice may, upon request of the commission department, prosecute violations of this section in any court of competent jurisdiction.

AB64,1393 Section 1393. 106.005 of the statutes is created to read:

AB64,654,14 106.005 Apprenticeship coordinator. The department shall designate an employee of the department to serve as an apprenticeship coordinator to expand and streamline apprenticeship program offerings for inmates in correctional facilities in this state.

AB64,1394 Section 1394. 106.025 (3) of the statutes is amended to read:

AB64,654,21 106.025 (3) After the expiration of an apprenticeship term, no apprentice may engage in the business of plumbing either as an apprentice or as a journeyman plumber unless the apprentice secures a journeyman plumber's license. In case of failure to pass the examination for the license, he or she may continue to serve as an apprentice but not beyond the time for reexamination for a journeyman plumber's license, as prescribed by the rules of the department.

AB64,1395 Section 1395 . 106.04 of the statutes is repealed.

AB64,1396 Section 1396 . 106.125 of the statutes is created to read:

AB64,655,3 106.125 Early college credit program. On behalf of the school board of a school district, the department of workforce development shall pay to the department of public instruction the costs of tuition for a pupil who attends an institution of higher education under the program under s. 118.55 as provided under s. 118.55 (5) (e) 2. and 3.

AB64,1397 Section 1397. 106.27 (1) of the statutes is renumbered 106.27 (1) (intro.) and amended to read:

AB64,655,14 106.27 (1) Workforce training grants. (intro.) From the appropriation under s. 20.445 (1) (b), the department shall award grants to public and private organizations for the development and implementation of workforce training programs. An organization that is awarded a grant under this subsection may use the grant for the training of unemployed and underemployed workers and incumbent employees of businesses in this state. As a condition of receiving a grant under this subsection, the department may require a public or private organization to provide matching funds at a percentage to be determined by the department. Grants awarded under this subsection may include any of the following:

AB64,1398 Section 1398. 106.27 (1) (a) of the statutes is created to read:

AB64,655,18 106.27 (1) (a) Grants for collaborative projects among school districts, technical colleges, and businesses to provide high school students with industry-recognized certifications in high-demand fields, as determined by the department.

AB64,1399 Section 1399. 106.27 (1) (b) of the statutes is created to read:

AB64,655,21 106.27 (1) (b) 1. Grants for programs that train teachers and that train individuals to become teachers, including teachers in dual enrollment programs.

AB64,655,22 2. In this paragraph:

AB64,656,2 a. “Dual enrollment program" means a program or course of study designed to provide high school students the opportunity to gain credits in both technical college and high school, including transcripted credit programs or other educational services provided by contract between a school district and a technical college.

AB64,656,3 b. “Teacher” includes an instructor at a technical college under ch. 38.

AB64,1400 Section 1400 . 106.27 (1) (c) of the statutes is created to read:

AB64,656,6 106.27 (1) (c) Grants for the development of public-private partnerships designed to improve workforce retention through employee support and training.

AB64,1401 Section 1401 . 106.27 (1) (d) of the statutes is created to read:

AB64,656,10 106.27 (1) (d) Grants to nonprofit organizations, institutions of higher education, as defined in 20 USC 1001 (a) and (b), and employers to increase the number of students who are placed with employers for internships.

AB64,1402 Section 1402 . 106.27 (1) (e) of the statutes is created to read:

AB64,656,14 106.27 (1) (e) Grants to community-based organizations for public-private partnerships to create and implement a nursing training program for middle school and high school students.

AB64,1403 Section 1403. 106.27 (1j) of the statutes is created to read:

AB64,656,18 106.27 (1j) Workforce training program; mobile classrooms. (a) Of the amounts appropriated under s. 20.445 (1) (b), the department may allocate all of the following amounts:

AB64,656,20 1. Up to $1,000,000 for grants to fund the creation and operation of mobile classrooms.

AB64,656,22 2. Up to $50,000 in each fiscal year for grants to fund the upkeep and maintenance of the mobile classrooms described under subd. 1.

AB64,656,25 (b) The mobile classrooms described under par. (a) 1. shall be used to provide job skills training to individuals in underserved areas of this state, including inmates at correctional facilities who are preparing for reentry into the workforce.

AB64,657,6 (c) Grant money awarded under par. (a) 1. may be used by the grant recipient to purchase capital equipment, such as a mobile or modular unit, that will be used as a mobile classroom, including costs to modify the equipment to make it suitable for classroom instruction, and to purchase and install any furniture, equipment, and supplies necessary or desirable for outfitting the mobile classroom for the job skills training that will be provided in the mobile classroom.

AB64,1404 Section 1404 . 106.27 (1r) of the statutes is amended to read:

AB64,657,12 106.27 (1r) Student internship coordination. From the appropriation under s. 20.445 (1) (b), the department shall provide coordination between nonprofit organizations and institutions of higher education, as defined in 20 USC 1001 (a) and (b), and employers to increase the number of students who are placed with employers for internships.

AB64,1405 Section 1405. 106.27 (2g) (a) 2. of the statutes is amended to read:

AB64,657,16 106.27 (2g) (a) 2. Receive and review applications for grants under subs. (1) and, (1g), and (1j) and prescribe the form, nature, and extent of the information that must be contained in an application for a grant under sub. (1) or, (1g), or (1j).

AB64,1406 Section 1406. 106.27 (3) of the statutes is amended to read:

AB64,658,13 106.27 (3) Annual report. Annually, by December 31, the department shall submit a report to the governor and the cochairpersons of the joint committee on finance providing an account of the department's activities and expenditures under this section during the preceding fiscal year and detailing the amounts allocated to and expended for each of the programs, grants, and services specified in s. 20.445 (1) (b) and (bm) for that fiscal year. The report shall include information on the number of unemployed and underemployed workers and incumbent employees who participate in training programs under sub. (1) or (1j); the number of unemployed workers who obtain gainful employment, underemployed workers who obtain new employment, and incumbent employees who receive increased compensation after participating in such a training program; and the wages earned by those workers and employees both before and after participating in such a training program. The report shall also include information on the extent to which waiting lists for enrollment in courses and programs provided by technical colleges in high-demand fields are reduced as a result of grants under sub. (1g) (a), on the number of high school pupils students who participate in certification or training programs under sub. (1) (a) or (e) or (1g) (b), and on the number of persons with disabilities who participate in employment enhancement activities under sub. (1g) (c). In addition, the report shall provide information on the number of student interns who are placed with employers as a result of the coordination activities conducted under sub. (1r) or the grants awarded under sub. (1) (d).

AB64,1407 Section 1407 . 106.272 of the statutes is created to read:

AB64,658,18 106.272 Teacher development program grants. (1) From the appropriation under s. 20.445 (1) (b), the department shall award grants to a school district that has partnered with one of the following entities to design and implement a teacher development program:

AB64,658,19 (a) A school of education in the University of Wisconsin System.

AB64,658,21 (b) The flexible option program in the University of Wisconsin System Extension.

AB64,658,23 (2) In awarding a grant under this section, the department shall do all of the following:

AB64,658,25 (a) Consult with the department of public instruction to confirm that the teacher development program satisfies the requirements under s. 118.196 (2).

AB64,659,3 (b) Consider the methods by which the school district and partnering entity under sub. (1) will make the teacher development program affordable to participating employees.

AB64,659,5 (c) Consider whether the school district has agreed to contribute matching funds towards the teacher development program.

AB64,1408 Section 1408 . 106.52 (1) (a) of the statutes is renumbered 106.52 (1) (ar).

AB64,1409 Section 1409 . 106.52 (1) (ag) of the statutes is created to read:

AB64,659,9 106.52 (1) (ag) “Administrator” means the administrator of the division of equal rights.

AB64,1410 Section 1410 . 106.52 (4) (a) 4. of the statutes is amended to read:

AB64,660,18 106.52 (4) (a) 4. If the department finds probable cause to believe that any act prohibited under sub. (3) has been or is being committed, the department may endeavor to eliminate the act by conference, conciliation, and persuasion. If the department determines that such conference, conciliation, and persuasion has not eliminated the alleged act prohibited under sub. (3), the department shall issue and serve a written notice of hearing, specifying the nature and acts prohibited under sub. (3) which that appear to have been committed, and requiring the person named, in this subsection called the “respondent", to answer the complaint at a hearing before an examiner. The notice shall specify a time of hearing, not less than 10 days after service of the complaint, and a place of hearing within the county in which the violation of sub. (3) is alleged to have occurred. The attorney of record for any party may issue a subpoena to compel the attendance of a witness or the production of evidence. A subpoena issued by an attorney must be in substantially the same form as provided in s. 805.07 (4) and must be served in the manner provided in s. 805.07 (5). The attorney shall, at the time of issuance, send a copy of the subpoena to the appeal tribunal examiner or other representative of the department responsible for conducting the proceeding. The testimony at the hearing shall be recorded by the department. In all hearings before an examiner, except those for determining probable cause, the burden of proof is on the party alleging an act prohibited under sub. (3). If, after the hearing, the examiner finds by a fair preponderance of the evidence that the respondent has violated sub. (3), the examiner shall make written findings and order such action by the respondent as will effectuate the purpose of this subsection and sub. (3). The department shall serve a certified copy of the examiner's findings and order on the respondent and complainant. The order shall have the same force as other orders of the department and shall be enforced as provided in this subsection, except that the enforcement of the order is automatically stayed upon the filing of a petition for review with the commission by the administrator under par. (b). If the examiner finds that the respondent has not engaged in an act prohibited under sub. (3) as alleged in the complaint, the department shall serve a certified copy of the examiner's findings on the complainant and the respondent together with an order dismissing the complaint. If the complaint is dismissed, costs in an amount not to exceed $100 plus actual disbursements for the attendance of witnesses may be assessed against the department in the discretion of the department.

AB64,1411 Section 1411 . 106.52 (4) (b) 1. of the statutes is amended to read:

AB64,660,23 106.52 (4) (b) 1. A respondent or complainant who is dissatisfied with the findings and order of the examiner under par. (a) may file a written petition with the department for review by the commission of the findings and order by the administrator.

AB64,1412 Section 1412 . 106.52 (4) (b) 2. of the statutes is amended to read:

AB64,661,7 106.52 (4) (b) 2. The commission administrator shall either reverse, modify, set aside, or affirm the findings and order in whole or in part, or direct the taking of additional evidence. Such action shall be based on a review of the evidence submitted. If the commission department is satisfied that a respondent or complainant has been prejudiced because of exceptional delay in the receipt of a copy of any findings and order it may extend the time another 21 days for filing the petition with the department.

AB64,1413 Section 1413 . 106.52 (4) (b) 3. of the statutes is amended to read:

AB64,661,16 106.52 (4) (b) 3. On motion, the commission administrator may set aside, modify, or change any decision made by the commission administrator, at any time within 28 days from the date thereof if it discovers any mistake therein, or upon the grounds of newly discovered evidence. The commission administrator may on its own motion, for reasons it deems sufficient, set aside any final decision of the commission administrator within one year from the date thereof upon grounds of mistake or newly discovered evidence, and remand the case to the department for further proceedings.

AB64,1414 Section 1414 . 106.52 (4) (c) of the statutes is amended to read:

AB64,662,3 106.52 (4) (c) Judicial review. Within 30 days after service upon all parties of an order of the commission a decision of the administrator under par. (b), the respondent or complainant may appeal the order to the circuit court for the county in which the alleged act prohibited under sub. (3) took place by the filing of a petition for review. The respondent or complainant shall receive a new trial on all issues relating to any alleged act prohibited under sub. (3) and a further right to a trial by jury, if so desired. The department of justice shall represent the commission department. In any such trial the burden shall be to prove an act prohibited under sub. (3) by a fair preponderance of the evidence. Costs in an amount not to exceed $100 plus actual disbursements for the attendance of witnesses may be taxed to the prevailing party on the appeal.

AB64,1415 Section 1415 . 106.56 (4) (a) of the statutes is amended to read:

AB64,662,10 106.56 (4) (a) The department shall receive and investigate complaints charging discrimination or discriminatory practices in particular cases, and publicize its findings with respect thereto to those complaints. The department has all powers provided under s. 111.39 with respect to the disposition of such complaints. The findings and orders of examiners may be reviewed by the administrator as provided under s. 106.52 (4) (b).

AB64,1416 Section 1416 . 106.56 (4) (b) of the statutes is amended to read:

AB64,662,15 106.56 (4) (b) Findings Following review by the administrator under s. 106.52 (4) (b), findings and orders of the commission under this section are subject to judicial review under ch. 227. Upon such review, the department of justice shall represent the commission department.

AB64,1417 Section 1417 . 108.02 (1m) of the statutes is created to read:

AB64,662,18 108.02 (1m) Administrator. “Administrator” means the administrator of the division of the department that is responsible for administering this chapter.

AB64,1418 Section 1418. 108.02 (7) of the statutes is repealed.

AB64,1419 Section 1419. 108.04 (13) (f) of the statutes is amended to read:

AB64,663,6 108.04 (13) (f) If benefits are erroneously paid because the employer fails to file a report required by this chapter, the employer fails to provide correct and complete information on the report, the employer fails to object to the benefit claim under s. 108.09 (1), the employer fails to provide correct and complete information requested by the department during a fact-finding investigation, unless an appeal tribunal, the commission administrator, or a court of competent jurisdiction finds that the employer had good cause for the failure to provide the information, or the employer aids and abets the claimant in an act of concealment as provided in sub. (11), the employer is at fault. If benefits are erroneously paid because an employee commits an act of concealment as provided in sub. (11) or fails to provide correct and complete information to the department, the employee is at fault.

AB64,1420 Section 1420 . 108.09 (4) (f) 2. (intro.) of the statutes is amended to read:

AB64,663,11 108.09 (4) (f) 2. (intro.) Unless a party or the department has filed a timely petition for review of the appeal tribunal decision by the commission administrator under sub. (6), the appeal tribunal may set aside or amend an appeal tribunal decision, or portion thereof, at any time if the appeal tribunal finds that:

AB64,1421 Section 1421 . 108.09 (4) (f) 3. of the statutes is amended to read:

AB64,663,19 108.09 (4) (f) 3. Unless a party or the department has filed a timely petition for review of the appeal tribunal decision by the commission administrator under sub. (6), the appeal tribunal may, within 2 years after the date of the decision, reopen its decision if it has reason to believe that a party offered false evidence or a witness gave false testimony on an issue material to its decision. Thereafter, and after receiving additional evidence or taking additional testimony, the same or another appeal tribunal may set aside its original decision, make new findings, and issue a decision.

AB64,1422 Section 1422 . 108.09 (5) (b) of the statutes is amended to read:

AB64,664,3 108.09 (5) (b) All testimony at any hearing under this section shall be recorded by electronic means, but need not be transcribed unless either of the parties requests a transcript before expiration of that party's right to further appeal under this section and pays a fee to the commission department in advance, the amount of which shall be established by rule of the commission department. When the commission department provides a transcript to one of the parties upon request, the commission department shall also provide a copy of the transcript to all other parties free of charge. The transcript fee collected shall be paid to the administrative account.

AB64,1423 Section 1423 . 108.09 (5) (d) of the statutes is renumbered 108.09 (6) (bm) and amended to read:

AB64,664,10 108.09 (6) (bm) In its review of the decision of an appeal tribunal, the commission administrator shall use the electronic recording of the hearing or a written synopsis of the testimony or shall use a transcript of the hearing prepared under the direction of the department or commission and shall also use any other evidence taken at the hearing.

AB64,1424 Section 1424 . 108.09 (6) of the statutes is amended to read:

AB64,664,21 108.09 (6) Commission review Review by division administrator. (a) The department or any party may petition the commission for review of an appeal tribunal decision by the administrator, pursuant to rules promulgated by the commission department under par. (e), if the petition is received by the commission department or postmarked within 21 days after the appeal tribunal decision was electronically delivered to the party or mailed to the party's last-known address. The commission shall dismiss any A petition shall be dismissed if not timely filed unless the petitioner shows good cause that the reason for having failed to file the petition timely was beyond the control of the petitioner. If the petition is not dismissed, the commission administrator may take action under par. (d).

AB64,664,25 (b) Within 28 days after a decision of the commission administrator is electronically delivered or mailed to the parties, the commission administrator may, on its own motion, set aside the decision for further consideration and take action under par. (d).

AB64,665,10 (c) On its own motion, for reasons it deems sufficient, the commission administrator may set aside any final determination of the department or appeal tribunal or commission decision within 2 years after the date thereof upon grounds of mistake or newly discovered evidence, and take action under par. (d). The commission administrator may set aside any final determination of the department or any decision of an appeal tribunal or of the commission administrator at any time, and take action under par. (d), if the benefits paid or payable to a claimant have been affected by wages earned by the claimant that have not been paid, and the commission is provided with notice from the appropriate state or federal court or agency that a wage claim for those wages will not be paid in whole or in part.

AB64,665,15 (d) In any case before the commission administrator for action under this subsection, the commission administrator may affirm, reverse, modify, or set aside the decision on the basis of the evidence previously submitted; order the taking of additional evidence as to such matters as it may direct; or remand the matter to the department for further proceedings.

AB64,1425 Section 1425 . 108.09 (6) (e) of the statutes is created to read:

AB64,665,18 108.09 (6) (e) The department may promulgate any rules necessary to provide for reviews of appeal tribunal decisions by the administrator under this subsection.

AB64,1426 Section 1426 . 108.09 (7) (a), (b), (c), (dm), (e) and (f) of the statutes are amended to read:

AB64,666,7 108.09 (7) (a) Any party that is not the department may commence an action for the judicial review of a decision of the commission administrator under this chapter after exhausting the remedies provided under this section. The department may commence an action for the judicial review of a commission decision of the administrator under this section, but the department is not required to have been a party to the proceedings before the commission review by the administrator or to have exhausted the remedies provided under this section. In an action commenced under this section by a party that is not the department, the department shall be a defendant and shall be named as a party in the complaint commencing the action. If a plaintiff fails to name either name the department or the commission as defendants and a defendant or serve the commission department as required by this subsection, the court shall dismiss the action.

AB64,666,15 (b) Any judicial review under this chapter shall be confined to questions of law and shall be in accordance with this subsection. In any such judicial action, the commission department may appear by any licensed attorney who is a salaried employee of the commission department and has been designated by it for that purpose, or, at the commission's department's request, by the department of justice. In any such judicial action, the department may appear by any licensed attorney who is a salaried employee of the department and has been designated by it for that purpose.

AB64,667,4 (c) 1. The findings of fact made by the commission an appeal tribunal acting within its powers shall, in the absence of fraud, be conclusive. The order of the commission administrator is subject to review only as provided in this subsection and not under ch. 227 or s. 801.02. Within 30 days after the date of an order made by the commission administrator, any party or the department may, by serving a complaint as provided in subd. 3. and filing the summons and complaint with the clerk of the circuit court, commence an action against the commission for judicial review of the order. In an action for judicial review of a commission an order of the administrator, every other party to the proceedings before the commission administrator shall be made a defendant. The department shall also be made a defendant if the department is not the plaintiff. If the circuit court is satisfied that a party in interest has been prejudiced because of an exceptional delay in the receipt of a copy of any order, the circuit court may extend the time in which an action may be commenced by an additional 30 days.

AB64,667,12 2. Except as provided in this subdivision, the proceedings shall be in the circuit court of the county where the plaintiff resides, except that if the plaintiff is the department, the proceedings shall be in the circuit court of the county where a defendant other than the commission resides if there is such a county. The proceedings may be brought in any circuit court if all parties appearing in the case agree or if the court, after notice and a hearing, so orders. Commencing an action in a county in which no defendant resides does not deprive the court of competency to proceed to judgment on the merits of the case.

AB64,667,19 3. In such an action, a complaint shall be served with an authenticated copy of the summons. The complaint need not be verified, but shall state the grounds upon which a review is sought. Service upon the commission department or an agent authorized by the commission department to accept service constitutes complete service on all parties, but there shall be left with the person so served as many copies of the summons and complaint as there are defendants, and the commission department shall mail one copy to each other defendant.