LRB-4373/2
GMM:jlg&kaf:jf
1997 - 1998 LEGISLATURE
February 10, 1998 - Introduced by
Law Revision Committee. Referred to
Committee on Labor, Transportation and Financial Institutions.
SB447,2,2
1An Act to repeal 111.335 (1) (d);
to renumber and amend 47.01 (4) and 104.01
2(4); and
to amend 20.445 (5) (bm), chapter 47 (title), 47.01 (3), 47.01 (5), 47.01
3(6), 47.02 (2), 47.02 (3) (a) 1., 47.02 (3) (a) 4., 47.02 (3) (b), 47.02 (3) (c), 47.02 (3)
4(d), 47.02 (3) (f), 47.02 (3) (h), 47.02 (3) (j), 47.02 (4) (a), 47.02 (4) (c), 47.03 (title),
547.03 (11) (a), 47.035 (title), 102.61 (1), 104.01 (6), 104.07 (2), 106.04 (2r) (a) 3.,
6106.11 (2) (a) 1. e., 106.11 (2) (a) 3., 106.11 (3) (a), 111.31 (1), 111.31 (2), 111.31
7(3), 111.32 (8) (intro.), 111.321, 111.34 (title), 111.34 (1) (intro.), 111.34 (1) (a),
8111.34 (1) (b), 111.34 (2) (a), 111.34 (2) (b), 111.34 (2) (c), 230.24 (1m), 230.28 (1)
9(bm) (intro.), 230.28 (1) (bm) 2. and 560.20 (1) (e) of the statutes;
relating to:
10updating obsolete terminology in the fair employment, vocational
11rehabilitation, worker's compensation, minimum wage and fair housing laws
1and deleting an obsolete reference in the fair employment law (suggested as
2remedial legislation by the department of workforce development).
Analysis by the Legislative Reference Bureau
Under the current fair employment law, subject to certain exceptions, no
employer, labor organization, licensing agency or other person may engage in any act
of employment discrimination, as specified in the fair employment law, on the basis
of handicap. Currently, the fair employment law defines "handicapped individual"
as an individual who has a physical or mental impairment which makes achievement
unusually difficult or limits the capacity to work, who has a record of such an
impairment or who is perceived as having such an impairment. This bill changes
that defined term to "individual with a disability" and changes all references to
"handicap" in the fair employment law to "disability".
The bill also changes the defined terms "handicapped person" and "severely
handicapped person" in the vocational rehabilitation law to "person with a disability"
and " person with a severe disability"; changes a reference to "handicap to
employment" in the vocational rehabilitation law to "barrier to employment";
changes a reference to "handicapped" in the worker's compensation law to "disabled";
changes the defined term "handicapped worker" in the minimum wage law to
"worker with a disability"; and changes the defined term "handicapped individual"
in the fair housing law to "individual with a disability".
The current fair employment law also prohibits, subject to certain exceptions,
employers, labor organizations, licensing agencies and other persons from engaging
in any act of employment discrimination, as specified in the fair employment law,
based on arrest or conviction record. The current fair employment law, however,
provides that it is not employment discrimination because of arrest record to request
information regarding an individual's arrest record when employment depends on
the bondability of the individual under a standard fidelity bond or when an
equivalent bond is required by law, regulation or established business practice of the
employer and the individual may not be bondable due to an arrest record and that
it is not employment discrimination because of conviction record to refuse to employ
or license, or to bar or terminate from employment or licensing, an individual who
is not bondable under a standard fidelity bond or equivalent bond when bondability
is required by law, regulation or established business practice of the employer. The
current fair employment law defines "equivalent bond" to include a bond issued to
an ex-offender under the federal Comprehensive Employment and Training Act
(CETA). CETA, however, has been repealed. Accordingly, this bill eliminates that
definition of "equivalent bond" in the fair employment law.
For further information, see the Notes provided by the law revision committee
of the joint legislative council.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Law revision committee prefatory note: This bill is a remedial legislation
proposal, requested by the department of workforce development (DWD) and introduced
by the law revision committee under s. 13.83 (1) (c) 4., stats. After careful consideration
of the various provisions of the bill, the law revision committee has determined that this
bill makes minor substantive changes in the statutes, and that these changes are
desirable as a matter of public policy.
SB447, s. 1
1Section
1
. 20.445 (5) (bm) of the statutes is amended to read:
SB447,3,92
20.445
(5) (bm)
Purchased services for clients. The amounts in the schedule for
3the purchase of goods and services authorized under ch. 47 and for vocational
4rehabilitation and other independent living services to
handicapped persons
with
5disabilities. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department may
6transfer funds between fiscal years under this paragraph. All funds appropriated for
7a particular fiscal year that are transferred to the next fiscal year and are not spent
8or encumbered by September 30 of that next fiscal year shall lapse to the general
9fund on the succeeding October 1.
SB447, s. 2
10Section
2. Chapter 47 (title) of the statutes is amended to read:
SB447,3,1512
VOCATIONAL REHABILITATION;
13
SPECIALIZED PROGRAMS FOR
14HANDICAPPED PERSONS
with
15disabilities
SB447, s. 3
16Section
3. 47.01 (3) of the statutes is amended to read:
SB447,4,317
47.01
(3) "Handicapped person"
"Person with a disability" means any person
18who has a physical or mental disability
which that constitutes or results in a
1substantial
handicap barrier to employment and who can reasonably be expected to
2benefit in terms of employability from the provision of vocational rehabilitation
3services.
SB447, s. 4
4Section
4. 47.01 (4) of the statutes is renumbered 47.01 (3g) and amended to
5read:
SB447,4,136
47.01
(3g) "Severely handicapped person" "Person with a severe disability" 7means any
handicapped person
with a disability who has a severe disability
which 8that seriously limits one or more functional capacities, including mobility,
9communication, self-care, self-direction, work tolerance, or work skills, in terms of
10employability, whose vocational rehabilitation can be expected to require multiple
11vocational rehabilitation services over an extended period of time and who has one
12or more physical or mental disabilities determined on the basis of an evaluation of
13rehabilitation potential to cause comparable substantial functional limitation.
SB447, s. 5
14Section
5. 47.01 (5) of the statutes is amended to read:
SB447,4,1715
47.01
(5) "Visually impaired" means a loss of vision that can reasonably be
16expected to lead to blindness or a loss of vision that represents a
handicap barrier 17to employment or other major life activities.
SB447, s. 6
18Section
6. 47.01 (6) of the statutes is amended to read:
SB447,4,2219
47.01
(6) "Vocational rehabilitation" means assisting a
handicapped person
20with a disability to become capable of competing in the labor market, practicing a
21profession, being self-employed, raising a family and making a home, participating
22in sheltered employment or other gainful work.
SB447, s. 7
23Section
7. 47.02 (2) of the statutes is amended to read:
SB447,5,224
47.02
(2) This section only applies to
handicapped and severely handicapped 25persons
with disabilities and persons with severe disabilities except that each person
1has a right to be evaluated by the department to determine whether the person is a
2handicapped person
with a disability.
SB447, s. 8
3Section
8. 47.02 (3) (a) 1. of the statutes is amended to read:
SB447,5,54
47.02
(3) (a) 1. Advise and assist any
handicapped person
with a disability who
5applies to the department concerning his or her rehabilitation.
SB447, s. 9
6Section
9. 47.02 (3) (a) 4. of the statutes is amended to read:
SB447,5,97
47.02
(3) (a) 4. Register and keep records for each
handicapped person
with a
8disability who uses the vocational rehabilitation services provided under this
9chapter.
SB447, s. 10
10Section
10. 47.02 (3) (b) of the statutes is amended to read:
SB447,5,1211
47.02
(3) (b) Promote the establishment of local resources for the vocational
12rehabilitation of
handicapped persons
with disabilities.
SB447, s. 11
13Section
11. 47.02 (3) (c) of the statutes is amended to read:
SB447,5,1814
47.02
(3) (c) Provide assessment and evaluation services appropriate to each
15individual, develop an individualized written rehabilitation program with each
16handicapped person
with a disability and develop and supervise services that are
17part of
any handicapped person's the vocational rehabilitation program
of any person
18with a disability.
SB447, s. 12
19Section
12. 47.02 (3) (d) of the statutes is amended to read:
SB447,5,2420
47.02
(3) (d) Aid
handicapped persons
with disabilities in securing the services
21needed to make them more employable, place
handicapped persons
with disabilities 22in suitable occupations and provide postemployment services, as defined in the
23handicapped person's rehabilitation program developed under par. (c)
of a person
24with a disability, necessary to maintain employment.
SB447, s. 13
25Section
13. 47.02 (3) (f) of the statutes is amended to read:
SB447,6,3
147.02
(3) (f) Make vocational rehabilitation services under this chapter
2available in every county to all
handicapped persons
with disabilities who are
3present in the state, regardless of residency.
SB447, s. 14
4Section
14. 47.02 (3) (h) of the statutes is amended to read:
SB447,6,65
47.02
(3) (h) Provide that
severely handicapped persons
with severe
6disabilities will receive priority for services under this chapter.
SB447, s. 15
7Section
15. 47.02 (3) (j) of the statutes is amended to read:
SB447,6,128
47.02
(3) (j) Except as provided in par. (o), determine the financial need of
9handicapped persons
with disabilities based upon a uniform fee schedule as provided
10under s. 46.03 (18) for the provision or purchase of vocational rehabilitation services
11specified in the
person's rehabilitation program developed under par. (c)
of the person
12with a disability.
SB447, s. 16
13Section
16. 47.02 (4) (a) of the statutes is amended to read:
SB447,6,1614
47.02
(4) (a) From the appropriation under s. 20.445 (5) (bm), provide financial
15aid to any
handicapped person
with a disability who is receiving vocational
16rehabilitation training and who has no other source of aid.
SB447, s. 17
17Section
17. 47.02 (4) (c) of the statutes is amended to read:
SB447,6,2118
47.02
(4) (c) Provide personal assistance services to any
handicapped person
19with a disability through county departments of human services or social services
20under s. 46.215, 46.22 or 46.23, aging units as defined in s. 46.82 (1) (a) or other
21persons.
SB447, s. 18
22Section
18. 47.03 (title) of the statutes is amended to read:
