AB64: Bill Text

AB64,1447 Section 1447 . 111.07 (6) of the statutes is amended to read:

AB64,677,11 111.07 (6) The commission shall have the power to remove or transfer the proceedings pending before a commissioner or an examiner. It may also, on its own motion, set aside, modify, or change any order, findings, or award, whether made by an individual commissioner, an examiner, or by the commission as a body, at any time within 20 days from the date thereof if it shall discover any mistake therein, or upon the grounds of newly discovered evidence.

AB64,1448 Section 1448 . 111.14 of the statutes is amended to read:

AB64,677,17 111.14 Penalty. Any person who shall willfully assault, resist, prevent, impede, or interfere with any member of the commission or any of its agents or agencies in the performance of duties pursuant to this subchapter shall be punished by a fine of not more than $500 or by imprisonment in the county jail for not more than one year, or both.

AB64,1449 Section 1449 . 111.32 (1) of the statutes is renumbered 111.32 (1r).

AB64,1450 Section 1450 . 111.32 (1g) of the statutes is created to read:

AB64,677,21 111.32 (1g) “Administrator” means the administrator of the division of the department that is responsible for administering this subchapter.

AB64,1451 Section 1451 . 111.32 (2) of the statutes is repealed.

AB64,1452 Section 1452 . 111.322 (2m) (c) of the statutes is repealed.

AB64,1453 Section 1453. 111.322 (2m) (d) of the statutes is amended to read:

AB64,678,2 111.322 (2m) (d) The individual's employer believes that the individual engaged or may engage in any activity described in pars. (a) to (c) (bm).

AB64,1454 Section 1454 . 111.335 (1) (cx) of the statutes is amended to read:

AB64,678,7 111.335 (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. 38.50 440.52 (13) (c).

AB64,1455 Section 1455 . 111.375 (1) of the statutes is amended to read:

AB64,678,19 111.375 (1) This subchapter shall be administered by the department. The department may make, amend and rescind such promulgate rules as are necessary to carry out this subchapter. The department or the commission may, by such agents or agencies as it designates, conduct in any part of this state any proceeding, hearing, investigation, or inquiry necessary to the performance of its functions. The department shall preserve the anonymity of any employee who is the aggrieved party in a complaint of discrimination in promotion, compensation, or terms and conditions of employment, of unfair honesty testing, or of unfair genetic testing against his or her present employer until a determination as to probable cause has been made, unless the department determines that the anonymity will substantially impede the investigation.

AB64,1456 Section 1456. 111.39 (4) (b) of the statutes is amended to read:

AB64,679,12 111.39 (4) (b) If the department finds probable cause to believe that any discrimination has been or is being committed, that unfair honesty testing has occurred or is occurring, or that unfair genetic testing has occurred or is occurring, it may endeavor to eliminate the practice by conference, conciliation , or persuasion. The parties may also attempt to resolve the complaint through offers of settlement in accordance with s. 111.392. If the department does not eliminate the discrimination, unfair honesty testing, or unfair genetic testing and the complaint is not resolved through settlement under s. 111.392 or otherwise, the department shall issue and serve a written notice of hearing, specifying the nature of the discrimination that appears to have been committed or unfair honesty testing or unfair genetic testing that has occurred, and requiring the person named, in this section called the “respondent",,” to answer the complaint at a hearing before an examiner. The notice shall specify a time of hearing not less than 30 days after service of the complaint, and a place of hearing within either the county of the respondent's residence or the county in which the discrimination, unfair honesty testing, or unfair genetic testing appears to have occurred. The testimony at the hearing shall be recorded or taken down by a reporter appointed by the department.

AB64,1457 Section 1457. 111.39 (4) (c) of the statutes is amended to read:

AB64,680,13 111.39 (4) (c) If, after hearing, the examiner finds that the respondent has engaged in discrimination, unfair honesty testing, or unfair genetic testing, the examiner shall make written findings and order such action by the respondent as will effectuate the purpose of this subchapter, with or without back pay, except as provided in s. 111.392 (12) and except that no attorney fees or costs shall be awarded to a complainant under this paragraph if no reinstatement, monetary relief, or other substantive or tangible benefit is ordered. If the examiner awards any payment to an employee because of a violation of s. 111.321 by an individual employed by the employer, under s. 111.32 (6), the employer of that individual is liable for the payment. If the examiner finds a respondent violated s. 111.322 (2m), the examiner shall award compensation in lieu of reinstatement if requested by all parties and may award compensation in lieu of reinstatement if requested by any party. Compensation in lieu of reinstatement for a violation of s. 111.322 (2m) may not be less than 500 times nor more than 1,000 times the hourly wage of the person discriminated against when the violation occurred. Back pay liability may not accrue from a date more than 2 years prior to the filing of a complaint with the department. Interim earnings or amounts earnable with reasonable diligence by the person discriminated against or subjected to unfair honesty testing or unfair genetic testing shall operate to reduce back pay otherwise allowable. Amounts received by the person discriminated against or subject to the unfair honesty testing or unfair genetic testing as unemployment benefits or welfare payments shall not reduce the back pay otherwise allowable, but shall be withheld from the person discriminated against or subject to unfair honesty testing or unfair genetic testing and immediately paid to the unemployment reserve fund or, in the case of a welfare payment, to the welfare agency making the payment.

AB64,1458 Section 1458 . 111.39 (5) of the statutes is amended to read:

AB64,680,17 111.39 (5) (a) Any respondent or complainant who is dissatisfied with the findings and order of the examiner may file a written petition with the department for review by the commission of the findings and order by the administrator.

AB64,681,2 (b) If no petition is filed within 21 days from the date that a copy of the findings and order of the examiner is mailed to the last-known address of the respondent the findings and order shall be considered final for purposes of enforcement under sub. (4) (d). If a timely petition is filed, the commission administrator, on review, may either affirm, reverse, or modify the findings or order in whole or in part, or set aside the findings and order and remand to the department for further proceedings. Such actions 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.

AB64,681,10 (c) 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.

AB64,1459 Section 1459 . 111.392 of the statutes is created to read:

AB64,681,12 111.392 Offers of settlement. (1) In this section:

AB64,681,14 (a) “More favorable award” means an order under s. 111.39 (4) (c) to which either of the following applies:

AB64,681,17 1. The order includes an order of reinstatement, or for some other substantive or tangible benefit besides a mere finding that the law was violated, that was not provided for in a settlement offer made under this section.

AB64,681,20 2. The order includes a monetary award to the complainant that, exclusive of the complainant's pre-offer costs and post-offer costs, exceeds the compensation provided for in a settlement offer made under this section.

AB64,681,22 (b) “Prejudgment interest” means interest at an annual rate equal to 1 percent plus the prime rate in effect on the date of the settlement offer.

AB64,682,2 (c) “Pre-offer costs” and “post-offer costs” include reasonable attorney fees, filing fees, subpoena fees, copying costs, court reporter fees, reasonable investigative costs, reasonable travel expenses, and all other similar fees and expenses related to litigating the complaint.

AB64,682,3 (2) This section applies with respect to complaints under s. 111.39.

AB64,682,7 (3) Unless otherwise specified, a settlement offer made under this section is an offer to resolve all claims between the parties. Settlement offers made under this section shall be construed as including all compensation that may be awarded under s. 111.39 (4) (c).

AB64,682,11 (4) At any time between 10 days after a complaint is filed under s. 111.39 (1) and 10 days prior to commencement of a hearing under s. 111.39 (4) (b), any party may serve an offer upon any other party to the action for settlement to be entered in accordance with the terms and conditions stated at that time.

AB64,682,13 (5) A settlement offer under sub. (4) shall include a citation to this section and shall satisfy all of the following:

AB64,682,14 (a) Be in writing.

AB64,682,15 (b) Identify parties making the offer and the parties to whom the offer is made.

AB64,682,16 (c) Identify generally the claim the offer is attempting to resolve.

AB64,682,17 (d) State the terms and conditions of the offer.

AB64,682,18 (e) Include one of the following:

AB64,682,22 1. If the complainant is making the offer, the statement “In accordance with and subject to s. 111.392, Wis. Stats., if this offer is not accepted and a more favorable award is obtained by the complainant, prejudgment interest will attach to the final award from the date this offer was received.”

AB64,683,2 2. If the respondent is making the offer, the statement “In accordance with and subject to s. 111.392, Wis. Stats., if this offer is not accepted and the complainant fails to obtain a more favorable award, the respondent will be entitled to post-offer costs and fees, including attorney fees, from the date this offer was received.”

AB64,683,4 (f) State the deadline by which the offer must be accepted, in accordance with sub. (11) (b).

AB64,683,7 (g) Include a provision that requires the accepting party and, if the accepting party is represented by an attorney, the accepting party's attorney to indicate acceptance of the offer by signing a statement that the offer is accepted.

AB64,683,8 (h) Be signed by the offeror or the offeror's attorney of record.

AB64,683,9 (i) Include a certificate of service and be served by certified mail.

AB64,683,10 (j) Be served on all parties to whom the offer is made.

AB64,683,14 (6) (a) A settlement offer may be made subject to a confidentiality requirement and such other reasonable conditions, including the execution of appropriate releases, indemnities, and other documents, as are typical of such settlement agreements.

AB64,683,16 (b) All terms and conditions included in a final and fully executed settlement agreement are presumed to be reasonable.

AB64,683,21 (c) 1. Notwithstanding subs. (12) and (13), if a settlement offer is declined by the offeree because of a condition the offeree believes to be unreasonable, and the condition is later determined by the department to be unreasonable under the circumstances of the case, the offer may not be the basis for an award of post-offer costs or prejudgment interest.

AB64,683,23 2. Notwithstanding subd. 1., if a complainant fails to obtain a more favorable award, the monetary amount in the settlement offer shall be considered reasonable.

AB64,684,3 (7) Service of a settlement offer tolls the offeror's obligations regarding discovery, responsive pleadings, and other investigative and litigation obligations until one of the following occurs:

AB64,684,5 (a) The offeree accepts or declines the offer as provided in sub. (10) (a) or (11) (a).

AB64,684,8 (b) If the offer expires as provided in sub. (11) (b), the offeree acknowledges receipt of the offer in writing, with the signature of the offeree and, if the offeree is represented by an attorney, the offeree's attorney.

AB64,684,10 (8) A settlement offer may be withdrawn in writing at any time prior to acceptance by the offeree. Once withdrawn, the offer is void.

AB64,684,15 (9) Any settlement offer, the acceptance or declination of any such offer, and any negotiations related to such offers may not be proffered or accepted as evidence nor mentioned in a hearing under s. 111.39 (4) (b) or in any other proceedings relating to the claim, except as provided in sub. (14), and shall be treated for all other purposes as provided in s. 904.08.

AB64,684,22 (10) (a) Any acceptance of a settlement offer shall, whether made on the document containing the offer or on a separate document of acceptance, be in writing, be promptly delivered to the offeror or the offeror's attorney, and include the signature of the accepting party and, if the accepting party is represented by an attorney, the accepting party's attorney. Upon acceptance, the parties are obligated to enter into good faith negotiations to memorialize the terms of the settlement and execute documents necessary to effectuate the settlement.

AB64,685,2 (b) If a settlement offer is accepted, the parties shall promptly file with the department a notice that settlement has been reached between the parties in accordance with this section, together with the complainant's request for dismissal of the complaint, and the department shall enter the settlement and dismissal of the complaint accordingly.

AB64,685,6 (11) (a) Any declination of a settlement offer shall, except as provided in par. (b), be in writing, be promptly delivered to the offeror or the offeror's attorney, and include the signature of the offeree and, if the offeree is represented by an attorney, the offeree's attorney.

AB64,685,9 (b) If a settlement offer is not accepted or declined in accordance with this section prior to a hearing or within 10 days after it is served, whichever occurs first, the offer shall expire and be deemed declined.

AB64,685,17 (12) (a) If a respondent's settlement offer is not accepted and the complainant fails to obtain a more favorable award, the complainant shall not recover any post-offer costs and shall pay the respondent's post-offer costs from the date of the offer. In addition, the complainant shall be required to pay a reasonable sum to cover the costs of services of any expert witness who is not a regular employee of any party that are actually incurred and reasonably necessary in preparation for the hearing or during the hearing. This subsection supersedes any statute awarding post-offer costs and fees to a prevailing complainant.

AB64,685,22 (b) If a respondent's settlement offer is not accepted and the complainant fails to obtain a more favorable award, the amounts under par. (a) shall be deducted from any award made in favor of the complainant. If the post-offer costs of the respondent exceed the amount awarded to the complainant, the net amount shall be awarded to the respondent and the award shall be entered accordingly.

AB64,685,24 (13) If a complainant's settlement offer is not accepted and the complainant obtains a more favorable award, the department shall do all of the following:

AB64,685,25 (a) Award prejudgment interest on the final award from the date of the offer.

AB64,686,4 (b) Require the respondent to pay a reasonable sum to cover the costs of services of any expert witness who is not a regular employee of any party that are actually incurred and reasonably necessary in preparation for the hearing or during the hearing, in addition to the complainant's costs.

AB64,686,11 (14) (a) After the department makes an order under s. 111.39 (4) (c), either party may make a subsequent motion to introduce evidence of a valid settlement offer made under this section that was declined. The motion shall be made within 10 business days after the date of the award and shall identify the parties in the offer, who made the offer, the amount of the offer, the date of the offer, and the date it was declined. The motion shall also identify the effect the declined offer has on the final award and how the department should proceed.

AB64,686,13 (b) A nonmoving party may file a response to a motion under par. (a) within 5 business days after the movant files the motion.

AB64,686,16 (15) Police officers shall be permitted to testify as expert witnesses for the purposes of this section. For purposes of this section, “complainant” includes a cross-complainant and “respondent” includes a cross-respondent.

AB64,1460 Section 1460 . 111.395 of the statutes is amended to read:

AB64,686,25 111.395 Judicial review. Findings and orders of the commission administrator under this subchapter are subject to judicial review under ch. 227. Orders of the commission shall have the same force as orders of the department under chs. 103 to 106 and may be enforced as provided in s. 103.005 (11) and (12) or specifically by a suit in equity. In any enforcement action the merits of any order of the commission are not subject to judicial review. Upon such review, or in any enforcement action, the department of justice shall represent the commission department.

AB64,1461 Section 1461. 115.001 (3m) of the statutes is amended to read:

AB64,687,7 115.001 (3m) Interim session. “Interim session" means a period of time in a school year when school is held by a school in a school district to provide hours of direct pupil instruction in addition to the hours of direct pupil instruction provided by the school district as required under s. 121.02 (1) (f) providing 437 hours of direct pupil instruction in kindergarten, 1,050 hours of direct pupil instruction in grades 1 to 6, and 1,137 hours of direct pupil instruction in grades 7 to 12.

AB64,1462 Section 1462 . 115.28 (7) (g) of the statutes is amended to read:

AB64,687,14 115.28 (7) (g) Notwithstanding s. 118.19 (3), (4m), (6) to (9), and (12) to (14), grant a charter school teaching license to any person who has a bachelor's degree and demonstrates, based upon criteria established by the department, that the person is proficient in the subject or subjects that he or she intends to teach. The license authorizes the person to teach that subject or those subjects in a charter school. The license is valid for 3 years and is renewable for 3-year periods.

AB64,1463 Section 1463. 115.28 (7) (gm) of the statutes is amended to read:

AB64,687,22 115.28 (7) (gm) Notwithstanding s. 118.19 (8), (9), and (11), grant an initial charter school principal license to any person who is licensed, or otherwise credentialed, to be a school principal in another state if the person holds the license or other credential in good standing, has completed at least 3 years of full-time classroom teaching, and is eligible for licensure under s. 118.19 (4) and (10). The license authorizes the person to be a principal of a charter school. The license is valid for 5 years and is renewable for 5-year periods.

AB64,1464 Section 1464. 115.28 (45) of the statutes is created to read:

AB64,688,2 115.28 (45) Grants for bullying prevention. From the appropriation under s. 20.255 (3) (eb), award grants to a nonprofit organization, as defined in s. 108.02 (19), to provide training and an online bullying prevention curriculum for pupils in grades kindergarten to 8.

AB64,1465 Section 1465 . 115.28 (54m) of the statutes is amended to read:

AB64,688,11 115.28 (54m) Notice of educational options. Include on the home page of the department's Internet site a link to information about all of the educational options available to children in the state who are at least 3 years old but not yet 18 years old, including public schools, private schools participating in a parental choice program, charter schools, virtual schools, full-time or part-time open enrollment, youth options, course options in a nonresident school district, the early college credit program, and options for pupils enrolled in a home-based private educational program.

AB64,1466 Section 1466. 115.28 (59) (am) of the statutes is created to read:

AB64,688,23 115.28 (59) (am) Work with the department of children and families to develop success sequence-related instruction and materials to be incorporated into the academic and career planning services provided to pupils under par. (a), and ensure that, beginning in the 2019-20 school year, every school board incorporates the success sequence information in its academic and career planning services. The department of children and families shall approve any instruction and materials developed under this paragraph before the instruction and materials are provided to pupils. In this paragraph, success sequence refers to the idea that economic success is more likely if an individual follows 3 norms: graduating high school; maintaining a full-time job or having a partner who does; and having children while married and after age 21, if the decision is made to become parents.

AB64,1467 Section 1467. 115.28 (59) (d) of the statutes is amended to read:

AB64,689,2 115.28 (59) (d) Promulgate Subject to par. (am), promulgate rules to implement this subsection.

AB64,1468 Section 1468. 115.28 (63) of the statutes is created to read:

AB64,689,9 115.28 (63) Mental health training program. Establish a mental health training support program under which the department provides training on evidence-based strategies related to addressing mental health issues in schools to school district staff and instructional staff of charter schools under s. 118.40 (2r) or (2x). The state superintendent shall ensure that at least all of the following evidence-based strategies are included in training provided under this subsection:

AB64,689,10 (a) Screening, brief intervention, and referral to treatment.

AB64,689,11 (b) Trauma sensitive schools.

AB64,689,12 (c) Youth mental health first aid.