SB44-SSA1, s. 2433 17Section 2433. 230.85 (3) (b) of the statutes is amended to read:
SB44-SSA1,908,518 230.85 (3) (b) If, after hearing, the commission division of equal rights finds
19that the respondent did not engage in or threaten a retaliatory action it shall order
20the complaint dismissed. The commission division of equal rights shall order the
21employee's appointing authority to insert a copy of the findings and orders into the
22employee's personnel file and, if the respondent is a natural person, order the
23respondent's appointing authority to insert such a copy into the respondent's
24personnel file. If the commission division of equal rights finds by unanimous vote
25that the employee filed a frivolous complaint it may order payment of the

1respondent's reasonable actual attorney fees and actual costs. Payment may be
2assessed against either the employee or the employee's attorney, or assessed so that
3the employee and the employee's attorney each pay a portion. To find a complaint
4frivolous the commission division of equal rights must find that either s. 814.025 (3)
5(a) or (b) applies or that both s. 814.025 (3) (a) and (b) apply.
SB44-SSA1, s. 2434 6Section 2434. 230.85 (3) (c) of the statutes is amended to read:
SB44-SSA1,908,97 230.85 (3) (c) Pending final determination by the commission division of equal
8rights
of any complaint under this section, the commission division of equal rights
9may make interlocutory orders.
SB44-SSA1, s. 2435 10Section 2435. 230.85 (4) of the statutes is amended to read:
SB44-SSA1,908,1311 230.85 (4) The commission division of equal rights shall serve a certified copy
12of the findings and order on the respondent and, if the respondent is a natural person,
13upon the respondent's appointing authority.
SB44-SSA1, s. 2436 14Section 2436. 230.85 (5) (a) of the statutes is amended to read:
SB44-SSA1,908,1915 230.85 (5) (a) If a respondent does not comply with any lawful order by the
16commission division of equal rights, for each such failure the respondent shall forfeit
17a sum of not less than $10 nor more than $100. Every day during which a respondent
18fails to comply with any order of the commission division of equal rights constitutes
19a separate violation of that order.
SB44-SSA1, s. 2437 20Section 2437. 230.85 (5) (b) of the statutes is amended to read:
SB44-SSA1,908,2221 230.85 (5) (b) As an alternative to par. (a), the commission division of equal
22rights
may enforce an order by a suit in equity.
SB44-SSA1, s. 2438 23Section 2438. 230.87 (1) of the statutes is amended to read:
SB44-SSA1,909,624 230.87 (1) Findings and orders of the commission division of equal rights under
25this subchapter are subject to judicial review under ch. 227. Upon that review, or in

1any enforcement action, the department of justice shall represent the commission
2division of equal rights unless a conflict of interest results from that representation.
3A court may order payment of a prevailing appellant employee's reasonable attorney
4fees by a governmental unit respondent, or by a governmental unit employing a
5respondent who is a natural person if that governmental unit received notice and an
6opportunity to appear before the court.
SB44-SSA1, s. 2439 7Section 2439. 230.88 (2) of the statutes is amended to read:
SB44-SSA1,909,128 230.88 (2) Effect. (a) A final order issued under s. 230.85 or 230.87 which has
9not been appealed and for which the time of appeal has passed binds all parties who
10were subjected to the jurisdiction of the commission division of equal rights or the
11court and who received an opportunity to be heard. With respect to these parties, the
12decree is conclusive as to all issues of law and fact decided.
SB44-SSA1,909,2113 (b) No collective bargaining agreement supersedes the rights of an employee
14under this subchapter. However, nothing in this subchapter affects any right of an
15employee to pursue a grievance procedure under a collective bargaining agreement
16under subch. V of ch. 111, and if the commission division of equal rights determines
17that a grievance arising under such a collective bargaining agreement involves the
18same parties and matters as a complaint under s. 230.85, it shall order the
19arbitrator's final award on the merits conclusive as to the rights of the parties to the
20complaint, on those matters determined in the arbitration which were at issue and
21upon which the determination necessarily depended.
SB44-SSA1,910,722 (c) No later than 10 days before the specified time of hearing under s. 230.85
23(2), an employee shall notify the commission division of equal rights orally or in
24writing if he or she has commenced or will commence an action in a court of record
25alleging matters prohibited under s. 230.83 (1). If the employee does not

1substantially comply with this requirement, the commission division of equal rights
2may assess against the employee any costs attributable to the failure to notify.
3Failure to notify the commission division of equal rights does not affect a court's
4jurisdiction to proceed with the action. Upon commencement of such an action in a
5court of record, the commission division of equal rights has no jurisdiction to process
6a complaint filed under s. 230.85 except to dismiss the complaint and, if appropriate,
7to assess costs under this paragraph.
SB44-SSA1, s. 2440 8Section 2440. 230.89 of the statutes is amended to read:
SB44-SSA1,910,10 9230.89 Rule making and reporting. (1) The commission division of equal
10rights
shall promulgate rules to carry out its responsibilities under this subchapter.
SB44-SSA1,910,16 11(2) Every 2 years, the commission division of equal rights shall submit a report
12to the chief clerk of each house of the legislature, for distribution to the appropriate
13standing committees under s. 13.172 (3), regarding complaints filed, hearings held
14and actions taken under this subchapter, including the dollar amount of any
15monetary settlement or final monetary award which has become binding on the
16parties.
SB44-SSA1, s. 2441 17Section 2441. 233.10 (3) (c) 4. of the statutes is amended to read:
SB44-SSA1,910,2318 233.10 (3) (c) 4. Grant to the carry-over employee military leave, treatment of
19military leave, jury service leave and voting leave in accordance with s. 230.35 (3)
20and (4) (e) and, to the extent applicable, rules of the department of employment
21relations
office of state human resources management governing such leaves for
22employees in the classified service as of the last day of the employee's employment
23as a state employee if the employee was entitled to those benefits on that day.
SB44-SSA1, s. 2442 24Section 2442. 233.10 (4) of the statutes is amended to read:
SB44-SSA1,911,7
1233.10 (4) Notwithstanding the requirement that an employee be a state
2employee, a carry-over employee of the authority who was employed in a position in
3the classified service immediately prior to beginning employment with the authority
4shall, from June 29, 1996, to June 30, 1997, have the same transfer rights under s.
5230.29 and the rules of the department of employment relations office of state human
6resources management
governing transfers as a person who holds a position in the
7classified service.
SB44-SSA1, s. 2444 8Section 2444. 234.034 of the statutes is amended to read:
SB44-SSA1,911,12 9234.034 Consistency with state housing strategy plan. Subject to
10agreements with bondholders or noteholders, the authority shall exercise its powers
11and perform its duties related to housing consistent with the state housing strategy
12plan under s. 16.31 560.9802.
SB44-SSA1, s. 2445 13Section 2445. 234.06 (1) of the statutes is amended to read:
SB44-SSA1,911,2214 234.06 (1) The authority may, as authorized in the state housing strategy plan
15under s. 16.31 560.9802, use the moneys held in the housing development fund to
16make temporary loans to eligible sponsors, with or without interest, and with such
17security for repayment, if any, as the authority determines reasonably necessary and
18practicable, solely from the housing development fund, to defray development costs
19for the construction of proposed housing projects for occupancy by persons and
20families of low and moderate income. No temporary loan may be made unless the
21authority may reasonably anticipate that satisfactory financing may be obtained by
22the eligible sponsor for the permanent financing of the housing project.
SB44-SSA1, s. 2446 23Section 2446. 234.06 (3) of the statutes is amended to read:
SB44-SSA1,912,824 234.06 (3) The authority may, as authorized in the state housing strategy plan
25under s. 16.31 560.9802, use the moneys held in the housing development fund to

1establish and administer programs of grants to counties, municipalities and eligible
2sponsors of housing projects for persons of low and moderate income, to pay
3organizational expenses, administrative costs, social services, technical services,
4training expenses or costs incurred or expected to be incurred by counties,
5municipalities or sponsors for land and building acquisition, construction,
6improvements, renewal, rehabilitation, relocation or conservation under a plan to
7provide housing or related facilities, if the costs are not reimbursable from other
8private or public loan, grant or mortgage sources.
SB44-SSA1, s. 2447 9Section 2447. 234.165 (2) (b) 2. of the statutes is amended to read:
SB44-SSA1,912,1510 234.165 (2) (b) 2. Annually before August 31 the authority shall submit to the
11governor a plan for expending or encumbering the actual surplus reported under
12subd. 1. The part of the plan related to housing shall be consistent with the state
13housing strategy plan under s. 16.31 560.9802. The plan submitted under this
14subdivision may be attached to and submitted as a part of the report filed under subd.
151.
SB44-SSA1, s. 2448 16Section 2448. 234.25 (1) (e) of the statutes is amended to read:
SB44-SSA1,912,2017 234.25 (1) (e) An evaluation of its progress in implementing within its own
18housing programs the goals, policies and objectives of the state housing strategy plan
19under s. 16.31 560.9802, and recommendations for legislation to improve its ability
20to carry out its programs consistent with the state housing strategy plan.
SB44-SSA1, s. 2449 21Section 2449. 253.06 (4) (c) 2. of the statutes is amended to read:
SB44-SSA1,913,222 253.06 (4) (c) 2. If a fine or forfeiture is imposed by a court of record, after a
23determination by the court of the amount due, the clerk of the court shall collect and
24transmit such amount to the county treasurer as provided in s. 59.40 (2) (m). The

1county treasurer shall then make payment to the state treasurer secretary of
2administration
as provided in s. 59.25 (3) (f) 2.
SB44-SSA1, s. 2450 3Section 2450. 253.06 (5) (e) of the statutes is amended to read:
SB44-SSA1,913,154 253.06 (5) (e) The suspension or termination of authorization of a vendor or
5eligibility of a participant shall be effective beginning on the 15th day after receipt
6of the notice of suspension or termination. All forfeitures, recoupments, and
7enforcement assessments shall be paid to the department within 15 days after
8receipt of notice of assessment or, if the forfeiture, recoupment, or enforcement
9assessment is contested under sub. (6), within 10 days after receipt of the final
10decision after exhaustion of administrative review, unless the final decision is
11adverse to the department or unless the final decision is appealed and the decision
12is stayed by court order under sub. (7). The department shall remit all forfeitures
13paid to the state treasurer secretary of administration for deposit in the school fund.
14The department shall deposit all enforcement assessments in the appropriation
15under s. 20.435 (1) (gr).
SB44-SSA1, s. 2451 16Section 2451. 254.45 (4) (b) of the statutes is amended to read:
SB44-SSA1,913,1817 254.45 (4) (b) The department shall remit all forfeitures paid to the state
18treasurer
secretary of administration for deposit in the school fund.
SB44-SSA1, s. 2452 19Section 2452. 254.59 (2) of the statutes is amended to read:
SB44-SSA1,914,2020 254.59 (2) If a human health hazard is found on private property, the local
21health officer shall notify the owner and the occupant of the property, by registered
22mail with return receipt requested, of the presence of the human health hazard and
23order its abatement or removal within 30 days of receipt of the notice. If the human
24health hazard is not abated or removed by that date, the local health officer shall
25immediately enter upon the property and abate or remove the human health hazard

1or may contract to have the work performed. The human health hazard shall be
2abated in a manner which is approved by the local health officer. The cost of the
3abatement or removal may be recovered from the person permitting the violation or
4may be paid by the municipal treasurer and the account, after being paid by the
5treasurer, shall be filed with the municipal clerk, who shall enter the amount
6chargeable to the property in the next tax roll in a column headed "For Abatement
7of a Nuisance" as a special tax on the lands upon which the human health hazard was
8abated, and the tax shall be collected as are other taxes. In case of railroads or other
9lands not taxed in the usual way, the amount chargeable shall be certified by the
10clerk to the state treasurer secretary of administration who shall add the amount
11designated in the certificate to the sum due from the company owning, occupying, or
12controlling the land specified, and the state treasurer secretary of administration
13shall collect the amount as prescribed in subch. I of ch. 76 and return the amount
14collected to the town, city, or village from which the certificate was received. Anyone
15maintaining such a human health hazard may also be fined not more than $300 or
16imprisoned for not more than 90 days or both. The only defenses an owner may have
17against the collection of a tax under this subsection are that no human health hazard
18existed on the owner's property, that no human health hazard was corrected on the
19owner's property, that the procedure outlined in this subsection was not followed or
20any applicable defense under s. 74.33.
SB44-SSA1, s. 2453 21Section 2453. 254.59 (5) of the statutes is amended to read:
SB44-SSA1,915,1322 254.59 (5) The cost of abatement or removal of a human health hazard under
23this section may be at the expense of the municipality and may be collected from the
24owner or occupant, or person causing, permitting, or maintaining the human health
25hazard, or may be charged against the premises and, upon certification of the local

1health officer, assessed as are other special taxes. In cases of railroads or other lands
2not taxed in the usual way, the amount chargeable shall be certified by the clerk to
3the state treasurer secretary of administration who shall add the amount designated
4in the certificate to the sum due from the company owning, occupying , or controlling
5the land specified, and the state treasurer secretary of administration shall collect
6the amount as prescribed in subch. I of ch. 76 and return the amount collected to the
7town, city, or village from which the certificate was received. Anyone maintaining
8such a human health hazard may also be fined not more than $300 or imprisoned for
9not more than 90 days or both. The only defenses an owner may have against the
10collection of a tax under this subsection are that no human health hazard existed on
11the owner's property, that no human health hazard was corrected on the owner's
12property, that the procedure outlined in this subsection was not followed, or any
13applicable defense under s. 74.33.
SB44-SSA1, s. 2453m 14Section 2453m. Subchapter VIII (title) of chapter 254 [precedes 254.89] of the
15statutes is repealed.
SB44-SSA1, s. 2454 16Section 2454. 254.89 of the statutes is renumbered 97.24 (5) and amended to
17read:
SB44-SSA1,916,218 97.24 (5) Certification of Grade A dairy operations. The department shall
19conduct evaluation surveys of grade A dairy operations in this state to the extent
20necessary to certify to the federal food and drug administration, out-of-state
21markets, the department of agriculture, trade and consumer protection, the federal
22public health service, and local health departments, the compliance rating of the
23grade A dairy operations based upon the sanitation and enforcement requirements
24of the grade A pasteurized milk ordinance of the federal public health service and its

1related documents. The department may promulgate rules establishing fees which
2may be charged to dairy plants to fund these activities.
SB44-SSA1, s. 2455r 3Section 2455r. 255.06 (2) (i) of the statutes is created to read:
SB44-SSA1,916,64 255.06 (2) (i) Multiple sclerosis screening services. Allocate and expend at least
5$60,000 in each fiscal year as reimbursement for the provision of multiple sclerosis
6screening services to women.
SB44-SSA1, s. 2455t 7Section 2455t. 255.10 (intro.) of the statutes is amended to read:
SB44-SSA1,916,13 8255.10 Thomas T. Melvin youth tobacco prevention and education
9program.
(intro.) From the moneys distributed under s. 255.15 (3) (a) 2. (b), the
10department shall administer the Thomas T. Melvin youth tobacco prevention and
11education program, with the primary purpose of reducing the use of cigarettes and
12tobacco products by minors. The department shall award grants for the following
13purposes:
SB44-SSA1, s. 2455v 14Section 2455v. 255.15 (title) of the statutes is amended to read:
SB44-SSA1,916,15 15255.15 (title) Statewide tobacco use control program.
SB44-SSA1, s. 2456 16Section 2456. 255.15 (1) of the statutes is repealed.
SB44-SSA1, s. 2457 17Section 2457. 255.15 (1m) (intro.) of the statutes is amended to read:
SB44-SSA1,916,1818 255.15 (1m) Duties. (intro.) The board department shall do all of the following:
SB44-SSA1, s. 2458 19Section 2458. 255.15 (1m) (a) of the statutes is repealed.
SB44-SSA1, s. 2459 20Section 2459. 255.15 (1m) (c) of the statutes is amended to read:
SB44-SSA1,916,2421 255.15 (1m) (c) Promulgate rules establishing criteria for recipients of grants
22awarded under sub. (3), including performance-based standards for grant recipients
23that propose to use the grant for media efforts. The board department shall ensure
24that programs or projects conducted under the grants are culturally sensitive.
SB44-SSA1, s. 2459d 25Section 2459d. 255.15 (1m) (f) of the statutes is amended to read:
SB44-SSA1,917,4
1255.15 (1m) (f) Develop and prepare an annual plan regarding Continue
2implementation of a strategic plan for a statewide tobacco use control program,
3including
the allocation of funding for a statewide tobacco control program, and
4update the plan annually
.
SB44-SSA1, s. 2459x 5Section 2459x. 255.15 (2m) of the statutes is created to read:
SB44-SSA1,917,96 255.15 (2m) Tobacco control advisory committee. (a) The secretary shall,
7under s. 15.04 (1) (c), create a tobacco control advisory committee. The committee
8shall consist of not more than 17 members, appointed by the secretary for 3-year
9terms, and shall include all of the following:
SB44-SSA1,917,1010 1. At least one representative of a local tobacco prevention coalition.
SB44-SSA1,917,1211 2. At least one youth who represents youth involved in tobacco prevention and
12control efforts.
SB44-SSA1,917,1413 3. At least one representative of a population that is disproportionately
14impacted by tobacco use.
SB44-SSA1,917,1615 4. At least one representative of a statewide health care provider association
16or organization.
SB44-SSA1,917,1817 5. At least one representative of a statewide or regional hospital association or
18organization.
SB44-SSA1,917,2019 6. At least one representative of a statewide or regional insurance association
20or organization.
SB44-SSA1,917,2221 7. At least one representative of a state or local chamber of commerce or other
22business association or organization.
SB44-SSA1,917,2323 8. One senator.
SB44-SSA1,917,2524 9. One representative to the assembly who is of a different political party from
25the senator appointed under subd. 8.
SB44-SSA1,918,3
110. At least 3 representatives of organizations that have the reduction of the
2health and economic impacts of tobacco use as their primary organizational
3missions.
SB44-SSA1,918,44 11. The secretary.
SB44-SSA1,918,55 12. The superintendent of public instruction or his or her designee.
SB44-SSA1,918,66 13. The attorney general or his or her designee.
SB44-SSA1,918,87 14. One or more members of organizations or associations specified by the
8department.
SB44-SSA1,918,99 (b) The tobacco control advisory committee shall do all of the following:
SB44-SSA1,918,1110 1. Develop public-private partnerships on tobacco use control issues and
11initiatives.
SB44-SSA1,918,1212 2. Ensure regular review and monitoring of the plan under sub. (1m) (f).
SB44-SSA1,918,1513 3. Identify external resources and steps that the department could take to
14support implementation of the plan under sub. (1m) (f) or other local tobacco use
15prevention and control policy initiatives.
SB44-SSA1,918,1616 4. Ensure coordination with other tobacco control efforts in this state.
SB44-SSA1,918,1817 5. Provide advice and guidance on proposed tobacco use prevention and control
18plans and strategies, including those funded under sub. (3).
SB44-SSA1,918,2119 6. Ensure that an external evaluator conducts regular outcome-based
20evaluations of tobacco use prevention and control projects and presents the
21evaluations to the joint legislative audit committee.
SB44-SSA1,918,2322 7. Develop and distribute an annual report on the impacts of tobacco use in this
23state and the progress of tobacco use prevention and control efforts.
SB44-SSA1,919,224 8. For members specified in par. (a) 1., 4., 5., 6., 7., 10., and 14., commit the
25human and material resources of the associations or organizations represented by

1those members to efforts toward tobacco use prevention and control to the greatest
2extent possible.
SB44-SSA1,919,33 9. Address the issue of populations most adversely affected by tobacco use.
SB44-SSA1, s. 2460d 4Section 2460d. 255.15 (3) (a) of the statutes is repealed.
SB44-SSA1, s. 2461d 5Section 2461d. 255.15 (3) (b) (intro.) of the statutes is amended to read:
SB44-SSA1,919,76 255.15 (3) (b) (intro.) From the appropriation under s. 20.436 (1) (tc) 20.435 (5)
7(fm)
, the board department may distribute grants for any of the following:
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