Amendment AA11-ASA1-AB133

LRBb1362/1

GMM:cmh:jf

1999 - 2000 LEGISLATURE

ASSEMBLY AMENDMENT 11, TO ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 1999 ASSEMBLY BILL 133

June 29, 1999 - Offered by Representative Turner.

AB133-ASA1-AA11,1,1 At the locations indicated, amend the substitute amendment as follows:

AB133-ASA1-AA11,1,2 1. Page 1102, line 25: after that line insert:

AB133-ASA1-AA11,1,3 " Section 2065t. 118.01 (2) (c) 6. of the statutes is amended to read:

AB133-ASA1-AA11,1,6 118.01 (2) (c) 6. Knowledge of state, national and world history, including knowledge of the history of organized labor in America and the collective bargaining process.".

AB133-ASA1-AA11,1,7 2. Page 1376, line 21: after that line insert:

AB133-ASA1-AA11,1,8 " Section 2928m. 560.025 of the statutes is created to read:

AB133-ASA1-AA11,1,10 560.025 Maintenance of benefits as condition of assistance. (1) Definitions. In this section:

AB133-ASA1-AA11,1,12 (a) "Business" means any person engaged in any activity or enterprise for profit employing one or more person in this state.

AB133-ASA1-AA11,2,2 (b) "Business assistance" means any grant or loan provided by the department under this chapter.

AB133-ASA1-AA11,2,7 (2) Rules of conduct. (a) Any business that is applying for business assistance shall certify on its application for the business assistance that the business has not, at any time within the 5-year period preceding the date of the application, ceased or reduced any health care benefits or pension benefits provided directly or indirectly by the business to the employes of the business employed in this state.

AB133-ASA1-AA11,2,12 (b) Any business that receives business assistance shall agree, as a condition of receiving the business assistance, not to cease or reduce any health care benefits or pension benefits provided directly or indirectly by the business to the employes of the business employed in this state for 5 years after the date on which the business receives the business assistance.

AB133-ASA1-AA11,3,4 (3) Enforcement and administration. (a) Before providing any business assistance, the department shall determine whether the business applying for the business assistance has, at any time within the 5-year period preceding the date of the application, ceased or reduced any health care benefits or pension benefits provided directly or indirectly by the business to the employes of the business employed in this state. If the business has, at any time within the 5-year period preceding the date of the application, ceased or reduced any health care benefits or pension benefits provided directly or indirectly by the business to the employes of the business employed in this state, the department may not provide any business to that business. If the department provides business assistance to a business and later determines that the business has, at any time within the 5-year period preceding the date of the application or within the period between the date of the application and the date of receipt of the business assistance, ceased or reduced any health care benefits or pension benefits provided directly or indirectly by the business to the employes of the business employed in this state, the department shall assess and collect any penalties imposed under sub. (4) according to the procedure specified in par. (c).

AB133-ASA1-AA11,3,14 (b) The department shall monitor a businesses receiving business assistance to ensure that the business does not cease or reduce any health care benefits or pension benefits provided directly or indirectly by the business to the employes of the business employed in this state for 5 years after the date on which the business receives the business assistance. If the department determines that the business has ceased or reduced any health care benefits or pension benefits provided directly or indirectly by the business to the employes of the business employed in this state at any time within the 5-year period beginning on the date on which the business receives the business assistance, the department shall assess and collect any penalties imposed under sub. (4) according to the procedure specified in par. (c).

AB133-ASA1-AA11,3,16 (c) The department shall assess and collect any penalties imposed under sub. (4) according to the following procedure:

AB133-ASA1-AA11,3,19 1. The department shall notify the business that is the subject of the penalty that the business is in noncompliance with this section and of the penalty assessed under sub. (4).

AB133-ASA1-AA11,3,22 2. The business may, within 30 days after the date of the notice, appeal in writing to the secretary, and the secretary shall enter his or her final decision within 30 days after receiving the appeal.

AB133-ASA1-AA11,3,24 3. The business may, within 30 days after the secretary's decision, request a contested case hearing under s. 227.42 from the department.

AB133-ASA1-AA11,4,6 (4) Penalties. Any business receiving business assistance that ceases or reduces any health care benefits or pension benefits provided directly or indirectly by the business to the employes of the business employed in this state at any time beginning 5 years before the date on which the business applied for the business assistance and ending 5 years after the date on which the business received the business assistance, is subject to all of the following penalties:

AB133-ASA1-AA11,4,11 (a) Immediate rescission of all business assistance that was provided to the business, with the business to repay that business assistance immediately, pay a penalty equal to 10% of the amount of that business assistance and pay interest on that business assistance at the rate of 18% per year from the date of receipt of the business assistance to the date of payment of the full amount due.

AB133-ASA1-AA11,4,13 (b) Ineligibility for any further business assistance for 5 years after the date on which the department assesses the penalty.".

AB133-ASA1-AA11,4,14 3. Page 1588, line 6: after that line insert:

AB133-ASA1-AA11,4,18 "(6g) Maintenance of benefits as condition of assistance. The treatment of section 560.025 of the statutes first applies to business assistance, as defined in section 560.025 (1) (b) of the statutes, as created by this act, provided on the effective date of this subsection.".

AB133-ASA1-AA11,4,19 (End)