Amendment ASA1-AB768

AB768-ASA1,263,22 104.07 (2) The department shall make rules and, except as provided under sub. subs. (5) and (6), grant licenses to sheltered workshops to permit the employment of handicapped workers unable to earn the living-wage theretofore determined upon permitting such persons to work for a wage which shall be commensurate with his or her ability and productivity. A license granted to a sheltered workshop, under this section, may be issued for the entire workshop or a department thereof.

AB768-ASA1, s. 333t Section 333t. 104.07 (4) of the statutes, as created by 1997 Wisconsin Act 191, is amended to read:

AB768-ASA1,264,6 104.07 (4) (a) The department shall require each applicant for a license under sub. (1) or (2) who is an individual to provide the department with his or her the applicant's social security number, and shall require each applicant for a license under sub. (1) or (2) who is not an individual to provide the department with the applicant's federal employer identification number, when initially applying for or applying to renew the license.

AB768-ASA1,264,12 (b) The department may not issue or renew a license under sub. (1) or (2) to or for an applicant who is an individual unless the applicant has provided his or her the applicant's social security number to the department and may not issue or renew a license under sub. (1) or (2) to or for an applicant who is not an individual unless the applicant has provided the applicant's federal employer identification number to the department.

AB768-ASA1,264,18 (c) The subunit of the department that obtains a social security number or a federal employer identification number under par. (a) may not disclose the social security number only or the federal employer identification number to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301 or on the request of the subunit of the department that administers the child and spousal support program under s. 49.22 (2m).

AB768-ASA1, s. 333u Section 333u. 104.07 (6) of the statutes is created to read:

AB768-ASA1,264,25 104.07 (6) The department shall deny an application for the issuance or renewal of a license under sub. (1) or (2), or revoke such a license already issued, if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes. Notwithstanding s. 103.005 (10), an action taken under this subsection is subject to review only as provided under s. 73.0301 (5) and not as provided in ch. 227.

AB768-ASA1, s. 333w Section 333w. 105.06 (1m) of the statutes, as created by 1997 Wisconsin Act 191, is amended to read:

AB768-ASA1,265,8 105.06 (1m) (a) The department shall require each applicant for a license under sub. (1) who is an individual to provide the department with his or her the applicant's social security number, and shall require each applicant for a license under sub. (1) who is not an individual to provide the department with the applicant's federal employer identification number, when initially applying for or applying to renew the license.

AB768-ASA1,265,14 (b) The department may not issue or renew a license under sub. (1) to or for an applicant who is an individual unless the applicant has provided his or her the applicant's social security number to the department and may not issue or renew a license under sub. (1) to or for an applicant who is not an individual unless the applicant has provided the applicant's federal employer identification number to the department.

AB768-ASA1,265,20 (c) The subunit of the department that obtains a social security number or a federal employer identification number under par. (a) may not disclose the social security number only or the federal employer identification number to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301 or on the request of the subunit of the department that administers the child and spousal support program under s. 49.22 (2m).

AB768-ASA1, s. 333x Section 333x. 105.13 (1) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

AB768-ASA1,266,10 105.13 (1) The department may issue licenses to employment agents, and refuse to issue a license whenever, after investigation, the department finds that the character of the applicant makes the applicant unfit to be an employment agent or, that the applicant has failed to pay court-ordered payments as provided in sub. (2) or that the applicant is liable for delinquent taxes as provided in sub. (3), or when the premises for conducting the business of an employment agent is found upon investigation to be unfit for such use. Any license granted by the department may be suspended or revoked by it upon notice to the licensee and good cause. Failure to comply with this chapter and rules promulgated thereunder, or with any lawful orders of the department, is cause to suspend or revoke a license. Failure to pay court-ordered payments as provided in sub. (2) is cause to deny, suspend, restrict, refuse to renew or otherwise withhold a license. Liability for delinquent taxes as provided in sub. (3) is cause to deny or revoke a license.

AB768-ASA1, s. 333y Section 333y. 105.13 (3) of the statutes is created to read:

AB768-ASA1,266,17 105.13 (3) The department shall deny an application for the issuance or renewal of an employment agent's license, or revoke such a license already issued, if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes. Notwithstanding s. 103.005 (10), an action taken under this subsection is subject to review only as provided under s. 73.0301 (5) and not as provided in ch. 227.

AB768-ASA1, s. 334 Section 334. 106.04 (2r) (a) (intro.) of the statutes is repealed.

AB768-ASA1, s. 335 Section 335. 106.04 (2r) (a) 1. of the statutes is renumbered 101.132 (1) (a).

AB768-ASA1, s. 336 Section 336. 106.04 (2r) (a) 2. of the statutes is renumbered 101.132 (1) (b).

AB768-ASA1, s. 337m Section 337m. 106.04 (2r) (a) 3. of the statutes, as affected by 1997 Wisconsin Act 112, is renumbered 101.132 (1) (c).

AB768-ASA1, s. 338 Section 338. 106.04 (2r) (a) 4. of the statutes is renumbered 101.132 (1) (d).

AB768-ASA1, s. 339 Section 339. 106.04 (2r) (a) 5. of the statutes is renumbered 101.132 (1) (h) and amended to read:

AB768-ASA1,267,4 101.132 (1) (h) "Remodeling" "Remodel" means to substantially improve, alter, extend or otherwise change the structure of a building or change the location of exits, but shall does not include maintenance, redecoration, reroofing or alteration of mechanical or electrical systems.

AB768-ASA1, s. 340 Section 340. 106.04 (2r) (a) 6. of the statutes is renumbered 101.132 (1) (i).

AB768-ASA1, s. 341 Section 341. 106.04 (2r) (c) (intro.) of the statutes is renumbered 106.04 (2r) (c) and amended to read:

AB768-ASA1,267,15 106.04 (2r) (c) Design and construction of covered multifamily housing. In addition to discrimination prohibited under pars. (b) and (bm) and subs. (2) and (2m), no person may design or construct covered multifamily housing, as defined in s. 101.132 (1) (d), unless it meets all of the following the standards: specified in s. 101.132 (2) (a) 1. to 4. In addition, no person may remodel, as defined in s. 101.132 (1) (h), housing with 3 or more dwelling units unless the remodeled housing meets the standards specified in s. 101.132 (2) (a) 1. to 4. as required under s. 101.132 (2) (b) 1., 2. or 3., whichever is applicable.

AB768-ASA1, s. 342 Section 342. 106.04 (2r) (c) 1. of the statutes is renumbered 101.132 (2) (a) 1.

AB768-ASA1, s. 343 Section 343. 106.04 (2r) (c) 2. of the statutes is renumbered 101.132 (2) (a) 2.

AB768-ASA1, s. 344 Section 344. 106.04 (2r) (c) 3. of the statutes is renumbered 101.132 (2) (a) 3.

AB768-ASA1, s. 345 Section 345. 106.04 (2r) (c) 4. of the statutes is renumbered 101.132 (2) (a) 4.

AB768-ASA1, s. 346 Section 346. 106.04 (2r) (d) of the statutes is renumbered 101.132 (2) (b) and amended to read:

AB768-ASA1,267,25 101.132 (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.

AB768-ASA1,268,4 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.

AB768-ASA1,268,10 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.

AB768-ASA1,268,13 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).

AB768-ASA1, s. 347 Section 347. 106.04 (2r) (e) of the statutes is renumbered 101.132 (2) (c) and amended to read:

AB768-ASA1,268,23 101.132 (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.

AB768-ASA1,269,11 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).

AB768-ASA1, s. 348 Section 348. 106.04 (2r) (f) (title) and 1. of the statutes are renumbered 101.132 (2) (d) (title) and 1.

AB768-ASA1, s. 349 Section 349. 106.04 (2r) (f) 2. of the statutes is renumbered 101.132 (2) (d) 2. and amended to read:

AB768-ASA1,269,20 101.132 (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.

AB768-ASA1, s. 350 Section 350. 106.04 (2r) (g) (title) and 1. of the statutes are renumbered 101.132 (2) (e) (title) and 1.

AB768-ASA1, s. 351 Section 351. 106.04 (2r) (g) 2. of the statutes is renumbered 101.132 (2) (e) 2. and amended to read:

AB768-ASA1,270,5 101.132 (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).

AB768-ASA1, s. 352m Section 352m. 106.04 (2r) (g) 3. of the statutes is repealed.

AB768-ASA1, s. 353 Section 353. 106.04 (6) (a) 3. of the statutes is amended to read:

AB768-ASA1,270,12 106.04 (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.

AB768-ASA1, s. 354 Section 354. 106.04 (6) (b) of the statutes is amended to read:

AB768-ASA1,271,2 106.04 (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).

AB768-ASA1, s. 354g Section 354g. 106.04 (9) (d) of the statutes is created to read:

AB768-ASA1,271,10 106.04 (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.

AB768-ASA1, s. 354m Section 354m. 109.01 (1r) of the statutes is created to read:

AB768-ASA1,271,15 109.01 (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.

AB768-ASA1, s. 354n Section 354n. 109.01 (2) of the statutes is amended to read:

AB768-ASA1,271,20 109.01 (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.

AB768-ASA1, s. 354p Section 354p. 109.01 (3) of the statutes, as affected by 1997 Wisconsin Act 39, is amended to read:

AB768-ASA1,272,8 109.01 (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.

AB768-ASA1, s. 354q Section 354q. 109.075 of the statutes is created to read:

AB768-ASA1,272,11 109.075 Cessation of health care benefits affecting employes, retirees and dependents; advance notice required. (1) In this section:

AB768-ASA1,272,16 (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.

AB768-ASA1,272,17 (b) "Employe benefit plan" means a plan as defined in 29 USC 1002 (3).

AB768-ASA1,272,19 (c) "Employer" means any business enterprise that employs 50 or more persons in this state.

AB768-ASA1,272,21 (d) "Health care benefits" means coverage of health care expenses under an employe benefit plan.

AB768-ASA1,273,2 (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.

AB768-ASA1,273,9 (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.

AB768-ASA1,273,14 (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).

AB768-ASA1,273,18 (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:

AB768-ASA1,273,20 1. The day that the employer actually gave the notice to the affected employe, retiree or dependent.

AB768-ASA1,273,21 2. The day that the cessation of health care benefits occurred.

AB768-ASA1,274,5 (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).

AB768-ASA1,274,11 (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).

AB768-ASA1,274,17 (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.

AB768-ASA1,274,19 (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.

AB768-ASA1,274,21 (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:

AB768-ASA1,274,24 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.

AB768-ASA1,275,3 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.

AB768-ASA1,275,10 (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.

AB768-ASA1,275,13 (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:

AB768-ASA1,275,17 (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.

AB768-ASA1,275,19 (b) Business circumstances that were not foreseeable when the notice would have been timely given.

AB768-ASA1,275,20 (c) A natural or man-made disaster beyond the control of the employer.

AB768-ASA1,275,23 (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.

AB768-ASA1,276,2 (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.

AB768-ASA1,276,4 (8) Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.

AB768-ASA1, s. 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:

AB768-ASA1,276,11 109.09 (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.

AB768-ASA1,276,19 (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.

AB768-ASA1,276,24 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

AB768-ASA1,277,8 (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.

AB768-ASA1, s. 354t Section 354t. 109.09 (2) (b) 2. of the statutes is created to read: