SB44-SSA1, s. 2421 3Section 2421. 230.45 (1) (g) of the statutes is repealed.
SB44-SSA1, s. 2422 4Section 2422. 230.45 (1) (gm) of the statutes is repealed.
SB44-SSA1, s. 2422g 5Section 2422g. 230.45 (1) (h) of the statutes is amended to read:
SB44-SSA1,903,96 230.45 (1) (h) Keep minutes of its own proceedings and other official actions.
7All such records shall, subject to reasonable rules, be open to public inspection.
8Records of the secretary director or the administrator which are confidential shall
9be kept confidential by the division of equal rights or the commission.
SB44-SSA1, s. 2422r 10Section 2422r. 230.45 (1) (i) of the statutes is amended to read:
SB44-SSA1,903,1311 230.45 (1) (i) Adopt rules necessary to carry out this section. Notice of the
12contents of such rules and amendments thereto shall be given promptly to the
13secretary director, the administrator and appointing authorities affected thereby.
SB44-SSA1, s. 2423 14Section 2423. 230.45 (1) (j) of the statutes is repealed.
SB44-SSA1, s. 2424 15Section 2424. 230.45 (1) (k) of the statutes is repealed.
SB44-SSA1, s. 2425 16Section 2425. 230.45 (1) (L) of the statutes is repealed.
SB44-SSA1, s. 2426 17Section 2426. 230.45 (1) (m) of the statutes is repealed.
SB44-SSA1, s. 2427 18Section 2427. 230.45 (1e) of the statutes is created to read:
SB44-SSA1,903,1919 230.45 (1e) The division of equal rights shall:
SB44-SSA1,904,520 (a) Receive and process complaints of discrimination of state employees under
21s. 111.375. In the course of investigating or otherwise processing such a complaint,
22the division of equal rights may require that an interview with any state employee,
23except a management or supervisory employee who is a party to or immediately
24involved in the subject matter of the complaint, be conducted outside the presence
25of the appointing authority or any representative or agent thereof unless the

1employee voluntarily requests that presence. An appointing authority shall permit
2an employee to be interviewed without loss of pay and to have an employee
3representative present at the interview. An appointing authority of an employee to
4be interviewed may require the division of equal rights to give the appointing
5authority reasonable notice prior to the interview.
SB44-SSA1,904,76 (b) Receive and process complaints of retaliatory disciplinary action under s.
7230.85.
SB44-SSA1,904,118 (c) Keep minutes of its own proceedings and other official actions relating to
9this chapter. All such records shall, subject to reasonable rules, be open to public
10inspection. Records of the director or the administrator which are confidential shall
11be kept confidential by the division of equal rights.
SB44-SSA1,904,1412 (d) Adopt rules necessary to carry out this section. Notice of the contents of such
13rules and amendments thereto shall be given promptly to the director, the
14administrator, and appointing authorities affected thereby.
SB44-SSA1, s. 2427g 15Section 2427g. 230.46 of the statutes is amended to read:
SB44-SSA1,904,25 16230.46 Duties of council on affirmative action. The council on affirmative
17action in the department office shall serve in a direct advisory capacity to the
18secretary director and as part of that relationship shall evaluate the progress of
19affirmative action programs throughout the civil service system, seek compliance
20with state and federal regulations and recommend improvements in the state's
21affirmative action efforts as an employer. In carrying out its responsibilities, the
22council may recommend legislation, consult with agency personnel and other
23interested persons, conduct hearings and take other appropriate action to promote
24affirmative action. The council shall report at least once per year to the governor and
25the legislature.
SB44-SSA1, s. 2427r
1Section 2427r. 230.48 (2) of the statutes is amended to read:
SB44-SSA1,905,72 230.48 (2) Personnel, facilities and equipment. The department office shall
3appoint, under the classified service, a secretary and such other employees as are
4necessary to carry out the duties of the state employees suggestion board, and shall
5provide such facilities and equipment as that board requires for the proper
6performance of its work. The state employees suggestion board may request and
7shall receive from any state department any assistance that it requires.
SB44-SSA1, s. 2428 8Section 2428. 230.81 (1) (b) of the statutes is amended to read:
SB44-SSA1,905,169 230.81 (1) (b) After asking the commission division of equal rights which
10governmental unit is appropriate to receive the information, disclose the information
11in writing only to the governmental unit that the commission division of equal rights
12determines is appropriate. The commission division of equal rights may not
13designate the department of justice, the courts, the legislature or a service agency
14under subch. IV of ch. 13 as an appropriate governmental unit to receive information.
15Each appropriate governmental unit shall designate an employee to receive
16information under this section.
SB44-SSA1, s. 2429 17Section 2429. 230.85 (1) of the statutes is amended to read:
SB44-SSA1,905,2418 230.85 (1) An employee who believes that a supervisor or appointing authority
19has initiated or administered, or threatened to initiate or administer, a retaliatory
20action against that employee in violation of s. 230.83 may file a written complaint
21with the commission division of equal rights, specifying the nature of the retaliatory
22action or threat thereof and requesting relief, within 60 days after the retaliatory
23action allegedly occurred or was threatened or after the employee learned of the
24retaliatory action or threat thereof, whichever occurs last.
SB44-SSA1, s. 2430 25Section 2430. 230.85 (2) of the statutes is amended to read:
SB44-SSA1,907,2
1230.85 (2) The commission division of equal rights shall receive and, except as
2provided in s. 230.45 (1m), investigate any complaint under sub. (1). In the course
3of investigating or otherwise processing such a complaint, the commission division
4of equal rights
may require that an interview with any employee described in s.
5230.80 (3), except a management or supervisory employee who is a party to or is
6immediately involved in the subject matter of the complaint, be conducted outside
7the presence of the appointing authority or any representative or agent thereof
8unless the employee voluntarily requests that presence. An appointing authority
9shall permit an employee to be interviewed without loss of pay and to have an
10employee representative present at the interview. An appointing authority of an
11employee to be interviewed may require the commission division of equal rights to
12give the appointing authority reasonable notice prior to the interview. If the
13commission division of equal rights finds probable cause to believe that a retaliatory
14action has occurred or was threatened, it may endeavor to remedy the problem
15through conference, conciliation or persuasion. If that endeavor is not successful, the
16commission division of equal rights shall issue and serve a written notice of hearing,
17specifying the nature of the retaliatory action which has occurred or was threatened,
18and requiring the person named, in this section called the "respondent", to answer
19the complaint at a hearing. The notice shall specify the place of hearing and a time
20of hearing not less than 30 days after service of the complaint upon the respondent
21nor less than 10 days after service of the notice of hearing. If, however, the
22commission division of equal rights determines that an emergency exists with
23respect to a complaint, the notice of hearing may specify a time of hearing within 30
24days after service of the complaint upon the respondent, but not less than 10 days

1after service of the notice of hearing. The testimony at the hearing shall be recorded
2or taken down by a reporter appointed by the commission division of equal rights.
SB44-SSA1, s. 2431 3Section 2431. 230.85 (3) (a) (intro.) of the statutes is amended to read:
SB44-SSA1,907,114 230.85 (3) (a) (intro.) After hearing, the commission division of equal rights
5shall make written findings and orders. If the commission division of equal rights
6finds that the respondent engaged in or threatened a retaliatory action, it shall order
7the employee's appointing authority to insert a copy of the findings and orders into
8the employee's personnel file and, if the respondent is a natural person, order the
9respondent's appointing authority to insert such a copy into the respondent's
10personnel file. In addition, the commission division of equal rights may take any
11other appropriate action, including but not limited to the following:
SB44-SSA1, s. 2432 12Section 2432. 230.85 (3) (a) 4. of the statutes is amended to read:
SB44-SSA1,907,1613 230.85 (3) (a) 4. Order payment of the employee's reasonable attorney fees by
14a governmental unit respondent, or by a governmental unit employing a respondent
15who is a natural person if that governmental unit received notice and an opportunity
16to participate in proceedings before the commission division of equal rights.
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:
Loading...
Loading...