GMM:wlj&jlg:hmh
1999 - 2000 LEGISLATURE
January 11, 2000 - Introduced by Law Revision Committee. Referred to
Committee on Labor and Employment.
AB640,2,14 1An Act to renumber 47.02 (3) (intro.), 47.02 (3) (a), 47.02 (3) (b), 47.02 (3) (c),
247.02 (3) (e), 47.02 (3) (f), 47.02 (3) (g), 47.02 (3) (h), 47.02 (3) (i), 47.02 (3) (k),
347.02 (3) (L), 47.02 (3) (m), 47.02 (3) (n), 47.02 (3) (o), 47.02 (4), 106.04 (1), 106.04
4(1m) (intro.), 106.04 (1m) (ad), 106.04 (1m) (am), 106.04 (1m) (b), 106.04 (1m)
5(d), 106.04 (1m) (e), 106.04 (1m) (f), 106.04 (1m) (g), 106.04 (1m) (h), 106.04 (1m)
6(i), 106.04 (1m) (j), 106.04 (1m) (k), 106.04 (1m) (km), 106.04 (1m) (L), 106.04
7(1m) (m), 106.04 (1m) (mm), 106.04 (1m) (n), 106.04 (1m) (nm), 106.04 (1m)
8(om), 106.04 (1m) (p), 106.04 (1m) (q), 106.04 (1m) (r), 106.04 (1m) (t), 106.04
9(1s), 106.04 (2), 106.04 (2m), 106.04 (2r), 106.04 (5m), 106.04 (6), 106.04 (6m),
10106.04 (8) (title), 106.04 (8) (b), 106.04 (9), 106.04 (10) (title), 106.04 (10) (a)
11(title), 106.04 (10) (b), 106.04 (10) (d) (title), 106.04 (10) (d) 3., 106.04 (10) (e)
12(title), 106.04 (10) (e) 2., 106.04 (10) (e) 3., 106.06, 106.07 (title), 106.07 (1),
13106.07 (2), 106.07 (3), 106.07 (4) (b) and 106.08; to renumber and amend
1447.02 (3) (d), 47.02 (3) (j), 106.04 (title), 106.04 (1m) (c), 106.04 (1m) (s), 106.04

1(8) (a), 106.04 (10) (a) 1., 106.04 (10) (a) 2., 106.04 (10) (a) 3., 106.04 (10) (a) 4.,
2106.04 (10) (a) 5., 106.04 (10) (c), 106.04 (10) (d) 1., 106.04 (10) (d) 2., 106.04 (10)
3(e) 1. and 106.07 (4) (a); to amend 15.157 (3), 16.009 (5) (d), 46.90 (4) (b) 2. b.,
447.035 (1), 50.07 (3) (b), 66.432 (1), 66.432 (1m) (a), 66.432 (1m) (b), 66.432 (1m)
5(c), 66.432 (1m) (d), 66.432 (2), 77.265 (4), 101.055 (8) (ag), 101.132 (1) (e),
6101.132 (1) (f), 101.132 (1) (g), 101.132 (2) (a) (intro.), 101.62, 103.04 (1), chapter
7106 (title), 108.02 (13) (k), 224.77 (5) (b), 227.03 (3m), 227.40 (2) (e), 452.17 (4)
8(b), 452.23 (1), 703.10 (2m), 814.04 (intro.) and 895.437 (1) (c); and to create
9subchapter III (title) of chapter 106 [precedes 106.50], 106.52 (title), 106.52 (1),
10106.52 (2) and 106.52 (5) of the statutes; relating to: the location in the
11statutes of the equal rights programs administered by the department of
12workforce development and reorganizing certain statutes concerning
13vocational rehabilitation (suggested as remedial legislation by the department
14of workforce development).
Analysis by the Legislative Reference Bureau
Under current law, the department of workforce development (DWD)
administers certain equal rights programs, including programs to prohibit
discrimination in housing, discrimination in the enjoyment of public places of
accommodation or amusement, discrimination in public education, discrimination
in postsecondary education and discrimination or retaliation against a person who
reports elder abuse or who provides information relating to an alleged violation by
a long-term care facility to a state official, including the long-term care ombudsman.
Currently, the statutory provisions governing those equal rights programs are
located in chapter 106 of the statutes, which is entitled "Apprentice and Employment
Programs" and, within that chapter, are located in subchapter II, which is entitled
"Employment Programs". This bill changes the title of chapter 106 of the statutes
to "Apprentice, Employment and Equal Rights Programs", creates a new subchapter
III within that chapter entitled "Equal Rights Programs" and renumbers the equal
rights provisions of chapter 106 to place those provisions under the new subchapter
created by the bill.
Under current law, DWD administers the vocational rehabilitation program
and specialized programs for persons with disabilities. This bill reorganizes the

statutes related to vocational rehabilitation and specialized programs for persons
with disabilities so that they appear in the order in which they are typically applied.
The following chart specifies the current and new statutory citations: - See PDF for table PDF
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 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.
AB640, s. 1 1Section 1 . 15.157 (3) of the statutes is amended to read:
AB640,4,132 15.157 (3) Dwelling code council. There is created in the department of
3commerce, a dwelling code council, consisting of 17 members appointed for staggered

13-year terms. Four members shall be representatives of building trade labor
2organizations; 4 members shall be certified building inspectors employed by local
3units of government; 2 members shall be representatives of building contractors
4actively engaged in on-site construction of one- and 2-family housing; 2 members
5shall be representatives of manufacturers or installers of manufactured one- and
62-family housing; one member shall be an architect, engineer or designer actively
7engaged in the design or evaluation of one- and 2-family housing; 2 members shall
8represent the construction material supply industry; and 2 members shall represent
9the public, one of whom shall represent persons with disabilities, as defined in s.
10106.04 106.50 (1m) (g). An employe of the department designated by the secretary
11of commerce shall serve as nonvoting secretary of the council. The council shall meet
12at least twice a year. Eleven members of the council shall constitute a quorum. For
13the purpose of conducting business a majority vote of the council is required.
AB640, s. 2 14Section 2. 16.009 (5) (d) of the statutes is amended to read:
AB640,4,1815 16.009 (5) (d) Any employe of an employer not described in par. (c) and who is
16discharged or otherwise retaliated or discriminated against in violation of par. (a)
17may file a complaint with the department of workforce development under s. 106.06
18106.54 (5).
AB640, s. 3 19Section 3 . 46.90 (4) (b) 2. b. of the statutes is amended to read:
AB640,4,2220 46.90 (4) (b) 2. b. Any employe of an employer not described in subd. 2. a. who
21is discharged or otherwise discriminated against may file a complaint with the
22department of workforce development under s. 106.06 106.54 (5).
AB640, s. 4 23Section 4 . 47.02 (3) (intro.) of the statutes is renumbered 47.02 (3m) (intro.).
AB640, s. 5 24Section 5. 47.02 (3) (a) of the statutes is renumbered 47.02 (3m) (c).
AB640, s. 6 25Section 6. 47.02 (3) (b) of the statutes is renumbered 47.02 (3m) (L).
AB640, s. 7
1Section 7. 47.02 (3) (c) of the statutes is renumbered 47.02 (3m) (e).
AB640, s. 8 2Section 8. 47.02 (3) (d) of the statutes is renumbered 47.02 (3m) (g) and
3amended to read:
AB640,5,84 47.02 (3m) (g) Aid persons with disabilities in securing the services needed to
5make them more employable, place persons with disabilities in suitable occupations
6and provide postemployment services, as defined in the rehabilitation program
7developed under par. (c) (e) of a person with a disability, necessary to maintain
8employment.
AB640, s. 9 9Section 9. 47.02 (3) (e) of the statutes is renumbered 47.02 (3m) (d).
AB640, s. 10 10Section 10. 47.02 (3) (f) of the statutes is renumbered 47.02 (3m) (a).
AB640, s. 11 11Section 11. 47.02 (3) (g) of the statutes is renumbered 47.02 (3m) (o).
AB640, s. 12 12Section 12. 47.02 (3) (h) of the statutes is renumbered 47.02 (3m) (b).
AB640, s. 13 13Section 13. 47.02 (3) (i) of the statutes is renumbered 47.02 (3m) (h).
AB640, s. 14 14Section 14 . 47.02 (3) (j) of the statutes is renumbered 47.02 (3m) (m) and
15amended to read:
AB640,5,2016 47.02 (3m) (m) Except as provided in par. (o) (n), determine the financial need
17of persons with disabilities based upon a uniform fee schedule as provided under s.
1846.03 (18) for the provision or purchase of vocational rehabilitation services specified
19in the rehabilitation program developed under par. (c) (e) of the person with a
20disability.
AB640, s. 15 21Section 15. 47.02 (3) (k) of the statutes is renumbered 47.02 (3m) (i).
AB640, s. 16 22Section 16. 47.02 (3) (L) of the statutes is renumbered 47.02 (3m) (j).
AB640, s. 17 23Section 17. 47.02 (3) (m) of the statutes is renumbered 47.02 (3m) (k) .
AB640, s. 18 24Section 18. 47.02 (3) (n) of the statutes is renumbered 47.02 (3m) (f).
AB640, s. 19 25Section 19 . 47.02 (3) (o) of the statutes is renumbered 47.02 (3m) (n).

Note: Sections 4 to 19 place the statutory responsibilities of the department of
workforce development with respect to vocational rehabilitation services in a new
sequence to reflect the order in which those responsibilities are typically applied. No
substantive changes are made in the provisions.
AB640, s. 20 1Section 20 . 47.02 (4) of the statutes is renumbered 47.02 (6).
Note: Section 20 places a provision containing the authority of the department of
workforce development to provide financial assistance to persons with disabilities, accept
gifts, grants and donations for purposes of ch. 47, stats., and provide personal assistance
to persons with disabilities in a more logical sequence in the statutes.
AB640, s. 21 2Section 21 . 47.035 (1) of the statutes is amended to read:
AB640,6,183 47.035 (1) Except as authorized in sub. (2) if an individual receives direct
4funding for personal assistance services that are provided to the individual under s.
547.02 (4) (6) (c), and the services are provided through a county department of human
6services or social services or an aging unit, the county department or aging unit
7through which the services are provided shall serve directly as a fiscal agent or
8contract with a fiscal intermediary to serve as a fiscal agent for that individual for
9the purposes of performing the responsibilities and protecting the interests of the
10individual under the unemployment insurance law. The fiscal agent under this
11subsection is responsible for remitting any federal unemployment compensation
12taxes or state unemployment insurance contributions owed by the individual,
13including any interest and penalties which are owed by the individual; for serving
14as the representative of the individual in any investigation, meeting, hearing or
15appeal involving ch. 108 or the federal unemployment tax act (26 USC 3301 to 3311)
16in which the individual is a party; and for receiving, reviewing, completing and
17returning all forms, reports and other documents required under ch. 108 or the
18federal unemployment tax act on behalf of the individual.
AB640, s. 22 19Section 22 . 50.07 (3) (b) of the statutes is amended to read:
AB640,7,4
150.07 (3) (b) Any employe of an employer not described in par. (a) who is
2discharged or otherwise retaliated or discriminated against in violation of sub. (1)
3(e) or (em) may file a complaint with the department of workforce development under
4s. 106.06 106.54 (5).
AB640, s. 23 5Section 23. 66.432 (1) of the statutes is amended to read:
AB640,7,176 66.432 (1) Declaration of policy. The right of all persons to have equal
7opportunities for housing regardless of their sex, race, color, physical condition,
8disability as defined in s. 106.04 106.50 (1m) (g), sexual orientation as defined in s.
9111.32 (13m), religion, national origin, marital status, family status as defined in s.
10106.04 106.50 (1m) (k), lawful source of income, age or ancestry is a matter both of
11statewide concern under ss. 101.132 and 106.04 106.50 and also of local interest
12under this section and s. 66.433. The enactment of ss. 101.132 and 106.04 106.50 by
13the legislature shall not preempt the subject matter of equal opportunities in housing
14from consideration by political subdivisions, and shall not exempt political
15subdivisions from their duty, nor deprive them of their right, to enact ordinances
16which prohibit discrimination in any type of housing solely on the basis of an
17individual being a member of a protected class.
AB640, s. 24 18Section 24. 66.432 (1m) (a) of the statutes is amended to read:
AB640,7,2019 66.432 (1m) (a) "Aggrieved person" has the meaning given in s. 106.04 106.50
20(1m) (b).
AB640, s. 25 21Section 25. 66.432 (1m) (b) of the statutes is amended to read:
AB640,7,2322 66.432 (1m) (b) "Complainant" has the meaning given in s. 106.04 106.50 (1m)
23(c).
AB640, s. 26 24Section 26. 66.432 (1m) (c) of the statutes is amended to read:
AB640,8,2
166.432 (1m) (c) "Discriminate" has the meaning given in s. 106.04 106.50 (1m)
2(h).
AB640, s. 27 3Section 27. 66.432 (1m) (d) of the statutes is amended to read:
AB640,8,54 66.432 (1m) (d) "Member of a protected class" has the meaning given in s.
5106.04 106.50 (1m) (nm).
AB640, s. 28 6Section 28. 66.432 (2) of the statutes is amended to read:
AB640,8,207 66.432 (2) Antidiscrimination housing ordinances. Political subdivisions may
8enact ordinances prohibiting discrimination in housing within their respective
9boundaries solely on the basis of an individual being a member of a protected class.
10Such an ordinance may be similar to ss. 101.132 and 106.04 (1) to (8) 106.50 or may
11be more inclusive in its terms or in respect to the different types of housing subject
12to its provisions, but any such ordinance establishing a forfeiture as a penalty for
13violation shall not be for an amount that is less than the statutory forfeitures under
14s. 106.04 106.50 (6) (h). Such an ordinance may permit a complainant, aggrieved
15person or respondent to elect to remove the action to circuit court after a finding has
16been made that there is reasonable cause to believe that a violation of the ordinance
17has occurred. Such an ordinance may also authorize the political subdivision, at any
18time after a complaint has been filed alleging an ordinance violation, to file a
19complaint in circuit court seeking a temporary injunction or restraining order
20pending final disposition of the complaint.
AB640, s. 29 21Section 29. 77.265 (4) of the statutes is amended to read:
AB640,8,2322 77.265 (4) The department of workforce development may use the returns
23under s. 106.04 106.50.
AB640, s. 30 24Section 30. 101.055 (8) (ag) of the statutes is amended to read:
AB640,9,3
1101.055 (8) (ag) In this subsection, "division of equal rights" means the division
2of equal rights in the department of workforce development acting under the
3authority provided in s. 106.06 106.54 (4).
AB640, s. 31 4Section 31. 101.132 (1) (e) of the statutes is amended to read:
AB640,9,55 101.132 (1) (e) "Disability" has the meaning given in s. 106.04 106.50 (1m) (g).
AB640, s. 32 6Section 32. 101.132 (1) (f) of the statutes is amended to read:
AB640,9,87 101.132 (1) (f) "Dwelling unit" has the meaning given in s. 106.04 106.50 (1m)
8(i).
AB640, s. 33 9Section 33. 101.132 (1) (g) of the statutes is amended to read:
AB640,9,1010 101.132 (1) (g) "Housing" has the meaning given in s. 106.04 106.50 (1m) (L).
AB640, s. 34 11Section 34. 101.132 (2) (a) (intro.) of the statutes is amended to read:
AB640,9,1412 101.132 (2) (a) (intro.) In addition to discrimination prohibited under s. 106.04
13106.50 (2), (2m) and (2r) (b) and (bm), no person may design or construct covered
14multifamily housing unless it meets all of the following standards:
AB640, s. 35 15Section 35. 101.62 of the statutes is amended to read:
AB640,9,25 16101.62 Dwelling code council; power. The dwelling code council shall
17review the standards and rules for one- and 2-family dwelling construction and
18recommend a uniform dwelling code for adoption by the department which shall
19include rules providing for the conservation of energy in the construction and
20maintenance of dwellings and for costs of specific code provisions to home buyers to
21be related to the benefits derived from such provisions. The council shall study the
22need for and availability of one-family and 2-family dwellings that are accessible to
23persons with disabilities, as defined in s. 106.04 106.50 (1m) (g), and shall make
24recommendations to the department for any changes to the uniform dwelling code
25that may be needed to ensure an adequate supply of one-family and 2-family

1dwellings. Upon its own initiative or at the request of the department, the council
2shall consider and make recommendations to the department pertaining to rules and
3any other matters related to this subchapter. The council shall recommend variances
4for different climate and soil conditions throughout the state.
AB640, s. 36 5Section 36 . 103.04 (1) of the statutes is amended to read:
AB640,10,86 103.04 (1) The commission shall issue its decision in any case where a petition
7for review is filed under ch. 102 or 108 or s. 66.191, 1981 stats., or s. 40.65 (2), 106.04
8(10), 106.07
106.52 (4), 106.56 (4), 111.39, 303.07 (7) or 303.21.
Note: Sections 1 to 3 and 22 to 36 change cross-references to reflect the new
structure created for ch. 106, stats., by this bill.
AB640, s. 37 9Section 37. Chapter 106 (title) of the statutes is amended to read:
AB640,10,1010 CHAPTER 106
AB640,10,1211 APPRENTICE AND, EMPLOYMENT and
12 equal rights
PROGRAMS
Note: The title of ch. 106, stats., is amended to reflect that the chapter deals with
three topics: apprentice, employment and equal rights programs.
AB640, s. 38 13Section 38. 106.04 (title) of the statutes is renumbered 106.50 (title) and
14amended to read:
AB640,10,15 15106.50 (title) Equal rights Open housing.
Note: The change in the title of the renumbered provision reflects that the
provisions in current s. 106.04, stats., that relate to housing discrimination are placed in
a new statute relating only to that topic. Other provisions in current s. 106.04, stats., that
relate to discrimination in public places of accommodation or amusement are placed in
new s. 106.52, stats., created by this bill.
AB640, s. 39 16Section 39 . 106.04 (1) of the statutes is renumbered 106.50 (1).
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