Amendment AA3-ASA1-AB64

LRBb0768/1

ALL:all

2017 - 2018 LEGISLATURE

ASSEMBLY AMENDMENT 3, TO ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 64

September 13, 2017 - Offered by Representatives Sinicki, Hintz, Shankland, Barca, Anderson, Berceau, Billings, Bowen, Brostoff, Considine, Crowley, Doyle, Fields, Genrich, Goyke, Hebl, Hesselbein, Kessler, Kolste, Mason, Meyers, Milroy, Ohnstad, Pope, Riemer, Sargent, Spreitzer, Stuck, Subeck, C. Taylor, Vruwink, Wachs, Young, Zamarripa and Zepnick.

AB64-ASA1-AA3,1,1 At the locations indicated, amend the substitute amendment as follows:

AB64-ASA1-AA3,1,2 1. Page 10, line 25: after that line insert:

AB64-ASA1-AA3,1,3 “ Section 8r. 13.94 (1) (dk) of the statutes is created to read:

AB64-ASA1-AA3,1,6 13.94 (1) (dk) Biennially, beginning in 2017, conduct a financial and performance evaluation audit of the enterprise resource planning system maintained under s. 16.971 (2) (cf).”.

AB64-ASA1-AA3,1,7 2. Page 11, line 4: after that line insert:

AB64-ASA1-AA3,1,8 “ Section 8t. 13.94 (1s) (c) 6. of the statutes is amended to read:

AB64-ASA1-AA3,1,10 13.94 (1s) (c) 6. The department of administration for the cost of the audit audits under sub. (1) (dk) and (dL).”.

AB64-ASA1-AA3,1,11 3. Page 422, line 5: delete lines 5 to 12.

AB64-ASA1-AA3,2,2 4. Page 423, line 18: delete the material beginning with that line and ending with page 424, line 11.

AB64-ASA1-AA3,2,4 5. Page 424, line 22: delete the material beginning with that line and ending with page 427, line 23.

AB64-ASA1-AA3,2,5 6. Page 563, line 3: delete lines 3 to 14.

AB64-ASA1-AA3,2,7 7. Page 585, line 22: delete the material beginning with that line and ending with page 586, line 4.

AB64-ASA1-AA3,2,8 8. Page 598, line 21: after that line insert:

AB64-ASA1-AA3,2,9 “ Section 997jb. 70.32 (1b) of the statutes is created to read:

AB64-ASA1-AA3,2,12 70.32 (1b) (a) To determine the value of property using generally accepted appraisal methods, the assessor shall consider all of the following as comparable to the property being assessed:

AB64-ASA1-AA3,2,14 1. Sales or rentals of properties exhibiting the same or a similar highest and best use with placement in the same real estate market segment.

AB64-ASA1-AA3,2,19 2. Sales or rentals of properties that are similar to the property being assessed with regard to age, condition, use, type of construction, location, design, physical features, and economic characteristics, including similarities in occupancy and the the potential to generate rental income. For purposes of this subdivision, such properties may be found locally, regionally, or nationally.

AB64-ASA1-AA3,2,21 (b) For purposes of par. (a), a property is not comparable if any of the following applies:

AB64-ASA1-AA3,3,2 1. At or before the time of sale, the seller places any deed restriction on the property that changes the highest and best use of the property, or prohibits competition, so that it no longer qualifies as a comparable property under par. (a) 1. or 2. and the property being assessed lacks such a restriction.

AB64-ASA1-AA3,3,7 2. The property is dark property and the property being assessed is not dark property. In this subdivision, “dark property” means property that is vacant or unoccupied beyond the normal period for property in the same real estate market segment. For purposes of this subdivision, what is considered vacant or unoccupied beyond the normal period may vary depending on the property location.

AB64-ASA1-AA3,3,15 (c) For purposes of par. (a), “highest and best use" means the specific use of the property as of the current assessment date or a higher use to which the property can be expected to be put in before the next assessment date, if the use is legally permissible, physically possible, not speculative, and financially feasible and provides the highest net return. When the current use of a property is the highest and best use of that property, value in the current use equals full market value. In this paragraph, “legally permissible” does not include a conditional use that has not been granted as of the assessment date.

AB64-ASA1-AA3,3,21 (d) For purposes of par. (a), “real estate market segment” means a pool of potential buyers and sellers that typically buy or sell properties similar to the property being assessed, including potential buyers who are investors or owner-occupants. For purposes of this paragraph, and depending on the type of property being assessed, the pool of potential buyers and sellers may be found locally, regionally, nationally, or internationally.”.

AB64-ASA1-AA3,3,22 9. Page 738, line 8: after that line insert:

AB64-ASA1-AA3,3,23 “ Section 1410. 108.08 (1) of the statutes is amended to read:

AB64-ASA1-AA3,4,5 108.08 (1) To receive benefits for any given week of unemployment, a claimant shall give notice to the department with respect to such week of unemployment within such time and in such manner as the department may by rule prescribe, except that the department shall permit such notice to be given to the department via telephone.

AB64-ASA1-AA3,1415 Section 1415. 108.09 (1) of the statutes is amended to read:

AB64-ASA1-AA3,4,13 108.09 (1) Filing. Claims for benefits shall be filed pursuant to department rules, except that the department shall permit claims for benefits to be filed via telephone. Each employer that is notified of a benefit claim shall promptly inform the department in writing as to any eligibility question in objection to such claim together with the reasons for the objection. The department may also obtain information from the employee concerning the employee's eligibility, employment or wages.”.

AB64-ASA1-AA3,4,14 10. Page 740, line 24: after that line insert:

AB64-ASA1-AA3,4,15 “ Section 1454c. 111.39 (4) (d) of the statutes is amended to read:

AB64-ASA1-AA3,5,5 111.39 (4) (d) The department shall serve a certified copy of the findings and order on the respondent, the order to have the same force as other orders of the department and be enforced as provided in s. 103.005. The department shall also serve a certified copy of the findings and order on the complainant, together with a notice advising the complainant about the right to seek, and the time for seeking, review by the commission under sub. (5); about the right to bring, and the time for bringing, an action for judicial review under s. 111.395; and about the right to bring, and the time for bringing, an action under s. 111.397 (1) (a). Any person aggrieved by noncompliance with the order may have the order enforced specifically by suit in equity. If the examiner finds that the respondent has not engaged in discrimination, unfair honesty testing, or unfair genetic testing as alleged in the complaint, the department shall serve a certified copy of the examiner's findings served on the complainant, together with shall be accompanied by an order dismissing the complaint.

AB64-ASA1-AA3,1454d Section 1454d. 111.39 (5) (b) of the statutes is amended to read:

AB64-ASA1-AA3,5,17 111.39 (5) (b) If no petition is filed the respondent or complainant does not file a petition under par. (a) 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 served on that party, the findings and order shall be considered final for purposes of enforcement under sub. (4) (d). If a timely petition is filed, the commission, 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 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 the commission may extend the time another 21 days for filing the petition with the department.

AB64-ASA1-AA3,1454e Section 1454e. 111.39 (5) (d) of the statutes is created to read:

AB64-ASA1-AA3,5,24 111.39 (5) (d) The commission shall serve a certified copy of the commission's decision on the respondent. The commission shall also serve a certified copy of the commission's decision on the complainant, together with a notice advising the complainant about the right to bring, and the time for bringing, an action for judicial review under s. 111.395 and about the right to bring, and the time for bringing, an action under s. 111.397 (1) (a).

AB64-ASA1-AA3,1454f Section 1454f. 111.397 of the statutes is created to read:

AB64-ASA1-AA3,6,12 111.397 Civil action. (1) (a) Except as provided in this paragraph, the department or a person alleged or found to have been discriminated against or subjected to unfair honesty testing or unfair genetic testing may bring an action in circuit court requesting the relief described in sub. (2) (a) against any employer, labor organization, or employment agency that is alleged or found to have engaged in that discrimination, unfair honesty testing, or unfair genetic testing. The department or a person alleged or found to have been discriminated against or subjected to unfair honesty testing or unfair genetic testing may not bring an action under this paragraph against any local governmental unit, as defined in s. 19.42 (7u), or against any employer, labor organization, or employment agency employing fewer than 15 individuals for each working day in each of 20 or more calendar weeks in the current or preceding year.

AB64-ASA1-AA3,6,16 (b) If a petition for judicial review of the findings and order of the commission concerning the same violation as the violation giving rise to the action under par. (a) is filed, the circuit court shall consolidate the proceeding for judicial review and the action under par. (a).

AB64-ASA1-AA3,6,20 (c) A person alleged or found to have been discriminated against or subjected to unfair honesty testing or unfair genetic testing is not required to file a complaint under s. 111.39 or seek review under s. 111.395 in order for the department or the person to bring an action under par. (a).

AB64-ASA1-AA3,7,11 (2) (a) Subject to pars. (b) and (c), in an action under sub. (1) (a), if the circuit court finds that discrimination, unfair honesty testing, or unfair genetic testing has occurred, or if such a finding has been made by an examiner or the commission and not been further appealed, the circuit court may order any relief that an examiner would be empowered to order under s. 111.39 (4) (c) after a hearing on a complaint filed under s. 111.39. In addition, the circuit court shall order the defendant to pay to the person discriminated against or subjected to unfair honesty testing or unfair genetic testing any other compensatory damages, and punitive damages under s. 895.043 that the circuit court or jury finds appropriate, plus reasonable costs and attorney fees incurred in the action. If any relief was ordered under s. 111.39 or 111.395, the circuit court shall specify whether the relief ordered under this paragraph is in addition to or replaces the relief ordered under s. 111.39 or 111.395. The sum of the amount of compensatory damages for future economic losses and for pain and suffering, emotional distress, mental anguish, loss of enjoyment of life, and other noneconomic losses and the amount of punitive damages that a circuit court may order may not exceed the following:

AB64-ASA1-AA3,7,14 1. In the case of a defendant that employs 100 or fewer employees for each working day in each of 20 or more calendar weeks in the current or preceding year, $50,000.

AB64-ASA1-AA3,7,17 2. In the case of a defendant that employs more than 100 but fewer than 201 employees for each working day in each of 20 or more calendar weeks in the current or preceding year, $100,000.

AB64-ASA1-AA3,7,20 3. In the case of a defendant that employs more than 200 but fewer than 501 employees for each working day in each of 20 or more calendar weeks in the current or preceding year, $200,000.

AB64-ASA1-AA3,7,23 4. In the case of a defendant that employs more than 500 employees for each working day in each of 20 or more calendar weeks in the current or preceding year, $300,000.

AB64-ASA1-AA3,8,3 (b) If the circuit court orders any payment under par. (a) because of a violation of s. 111.321, 111.37, or 111.372 by an individual employed by an employer, the employer of that individual is liable for the payment.

AB64-ASA1-AA3,8,6 (c) 1. In this paragraph, “consumer price index" means the average of the consumer price index for all urban consumers, U.S. city average, as determined by the bureau of labor statistics of the federal department of labor.

AB64-ASA1-AA3,8,19 2. Except as provided in this subdivision, beginning on July 1, 2019, and on each July 1 after that, the department shall adjust the amounts specified in par. (a) 1., 2., 3., and 4. by calculating the percentage difference between the consumer price index for the 12-month period ending on December 31 of the preceding year and the consumer price index for the 12-month period ending on December 31 of the year before the preceding year and adjusting those amounts by that percentage difference. The department shall publish the adjusted amounts calculated under this subdivision in the Wisconsin Administrative Register, and the adjusted amounts shall apply to actions commenced under sub. (1) (a) beginning on July 1 of the year of publication. This subdivision does not apply if the consumer price index for the 12-month period ending on December 31 of the preceding year did not increase over the consumer price index for the 12-month period ending on December 31 of the year before the preceding year.”.