SB44: Bill Text

SB44, s. 1909 Section 1909. 106.215 (1) (cm) of the statutes is repealed.

SB44, s. 1910 Section 1910. 106.215 (1) (d) of the statutes is repealed.

SB44, s. 1911 Section 1911. 106.215 (1) (e) of the statutes is repealed.

SB44, s. 1912 Section 1912. 106.215 (1) (f) of the statutes is repealed.

SB44, s. 1913 Section 1913. 106.215 (1) (fm) of the statutes is renumbered 977.01 (2) and amended to read:

SB44,802,2 977.01 (2) "Public assistance" means relief provided by counties under s. 59.53 (21), Wisconsin works under ss. 49.141 to 49.161, aid to families with dependent children under s. 49.19, medical assistance under subch. IV of ch. 49, low-income energy assistance under s. 16.385, weatherization assistance under s. 16.39, and the food stamp program under 7 USC 2011 to 2029.

SB44, s. 1914 Section 1914. 106.215 (1) (g) of the statutes is repealed.

SB44, s. 1915 Section 1915. 106.215 (2) of the statutes is amended to read:

SB44,802,7 106.215 (2) Objectives. The board department shall develop guidelines for the Wisconsin conservation corps program youth employment projects funded under sub. (1m) designed to promote the all of the following objectives of:

SB44,802,10 (a) Employment of young adults youth. Providing employment for young men and women youth 14 years of age or over, but under 22 years of age, in all regions of the state.

SB44,802,13 (b) Conservation. Conserving, developing, enhancing , or maintaining the natural resources of this state through the implementation of projects which that have a long-term beneficial impact on the environment.

SB44,802,17 (c) Personal development. Encouraging and developing work employment and life skills, discipline, and cooperation, in project participants by providing meaningful work experiences and training and educational opportunities for corps enrollees those participants.

SB44,802,20 (d) Human services. Promoting the social well-being of children, the elderly, persons with disabilities, and persons with low incomes through the implementation of human services projects that include human services activities.

SB44, s. 1916 Section 1916. 106.215 (2) (e) of the statutes is created to read:

SB44,802,24 106.215 (2) (e) Wages. Providing project participants with a wage that is not less than the federal minimum wage or the applicable state minimum wage established under ch. 104, whichever is greater.

SB44, s. 1917 Section 1917. 106.215 (3) of the statutes is repealed.

SB44, s. 1918 Section 1918. 106.215 (3m) of the statutes is repealed.

SB44, s. 1919 Section 1919. 106.215 (4) of the statutes is repealed.

SB44, s. 1920 Section 1920. 106.215 (5) of the statutes is repealed.

SB44, s. 1921 Section 1921. 106.215 (6) of the statutes is repealed.

SB44, s. 1922 Section 1922. 106.215 (7) (title) of the statutes is repealed.

SB44, s. 1923 Section 1923. 106.215 (7) (a) of the statutes is repealed.

SB44, s. 1924 Section 1924. 106.215 (7) (am) of the statutes is repealed.

SB44, s. 1925 Section 1925. 106.215 (7) (b) of the statutes is repealed.

SB44, s. 1926 Section 1926. 106.215 (7) (c) of the statutes is renumbered 106.215 (1m) and amended to read:

SB44,803,20 106.215 (1m) Conservation fund appropriation Youth employment project grants. Notwithstanding par. (a), moneys Moneys appropriated under s. 20.445 (6) (1) (u) that are not derived from the forestation state tax under s. 70.58 may be utilized for any youth employment project approved by the board department regardless of whether the project consists in whole or in part of conservation activities. From those moneys, the department shall provide grants to community-based nonprofit organizations, as defined in s. 108.02 (19), for the provision of youth employment projects that are designed to meet the objectives specified in sub. (2) (a), (c), and (e) and one or more of the objectives specified in sub. (2) (b) and (d).

SB44, s. 1927 Section 1927. 106.215 (8) of the statutes is repealed.

SB44, s. 1928 Section 1928. 106.215 (8g) of the statutes is repealed.

SB44, s. 1929 Section 1929. 106.215 (8m) of the statutes is repealed.

SB44, s. 1930 Section 1930. 106.215 (9) of the statutes is repealed.

SB44, s. 1931 Section 1931. 106.215 (10) (title) of the statutes is repealed.

SB44, s. 1932 Section 1932. 106.215 (10) (a) of the statutes is repealed.

SB44, s. 1933 Section 1933. 106.215 (10) (b) of the statutes is repealed.

SB44, s. 1934 Section 1934. 106.215 (10) (c) of the statutes is repealed.

SB44, s. 1935 Section 1935. 106.215 (10) (e) of the statutes is repealed.

SB44, s. 1936 Section 1936. 106.215 (10) (f) of the statutes is repealed.

SB44, s. 1937 Section 1937. 106.215 (10) (fm) of the statutes is repealed.

SB44, s. 1938 Section 1938. 106.215 (10) (g) (title) and 1. of the statutes are repealed.

SB44, s. 1939 Section 1939. 106.215 (10) (g) 1m. of the statutes is repealed.

SB44, s. 1940 Section 1940. 106.215 (10) (g) 2. of the statutes is repealed.

SB44, s. 1941 Section 1941. 106.215 (10) (g) 2m. of the statutes is repealed.

SB44, s. 1942 Section 1942. 106.215 (10) (g) 3. of the statutes is renumbered 106.217 and amended to read:

SB44,804,18 106.217 Wisconsin conservation corps education vouchers. The An education voucher under s. 106.215 (10) (g) 1m. or 2m., 2001 stats., is valid for 4 years after the date of issuance for the payment of tuition and required program activity fees at any institution of higher education, as defined in 20 USC 1002, that accepts the voucher. The board department shall authorize payment to the institution of face value of the voucher upon presentment.

SB44, s. 1943 Section 1943. 106.215 (10) (g) 4. of the statutes is repealed.

SB44, s. 1944 Section 1944. 106.215 (10) (h) of the statutes is repealed.

SB44, s. 1945 Section 1945. 106.215 (11) of the statutes is repealed.

SB44, s. 1946 Section 1946. 106.215 (12) of the statutes is repealed.

SB44, s. 1947 Section 1947. 106.215 (13) of the statutes is repealed.

SB44, s. 1948 Section 1948. 106.217 of the statutes, as affected by 2003 Wisconsin Act .... (this act), is repealed.

SB44, s. 1949 Section 1949. 106.26 (4) of the statutes is repealed.

SB44, s. 1950 Section 1950. 106.50 (6) (c) 4. of the statutes is amended to read:

SB44,805,12 106.50 (6) (c) 4. If the department initially determines that there is no probable cause to believe that discrimination occurred as alleged in the complaint, it may dismiss those allegations. The department shall, by a notice to be served with the determination, notify the parties of the complainant's right to appeal the dismissal of the claim to the secretary for a hearing on the issue allegations by requesting a review of the determination by a hearing examiner, which review shall be based solely on the department's record of the complaint. Service of the determination shall be made by certified mail, return receipt requested. If the hearing examiner determines that no probable cause exists, that determination is the final determination of the department and may be appealed under par. (j).

SB44, s. 1951 Section 1951. 106.52 (4) (a) 4m. of the statutes is created to read:

SB44,805,23 106.52 (4) (a) 4m. If the department initially finds that there is no probable cause to believe that any act prohibited under sub. (3) has been or is being committed as alleged in the complaint, the department may dismiss the complaint. The department shall, by a notice to be served with the findings, notify the parties of the complainant's right to appeal the dismissal of the complaint by requesting a review of the findings by a hearing examiner, which review shall be based solely on the department's record of the complaint. Service of the findings shall be made by certified mail, return receipt requested. If the hearing examiner determines that no probable cause exists, that determination is the final determination of the department and may be appealed under par. (b).

SB44, s. 1952 Section 1952. 107.30 (10) of the statutes is amended to read:

SB44,806,2 107.30 (10) "Mining damage appropriation" means the appropriation under s. 20.445 (4) (b) 20.143 (3) (a).

SB44, s. 1953 Section 1953. 107.31 (5) (a) (intro.) of the statutes is amended to read:

SB44,806,7 107.31 (5) (a) Calculation. (intro.) The mining damage reserve accumulation is calculated by subtracting the total amount of all mining damages awards paid from the appropriation under s. 20.445 (4) (a), 2001 stats., beginning on May 22, 1980 or paid from the appropriation under s. 20.143 (3) (a) from the sum of:

SB44, s. 1954 Section 1954. 108.15 (6) (c) of the statutes is amended to read:

SB44,806,12 108.15 (6) (c) If such delinquency is finally established under s. 108.10, the fund's treasurer shall, in case such unit receives a share of any state tax or any type of state aid, certify to the state treasurer secretary of administration the existence and amount of such delinquency.

SB44, s. 1955 Section 1955. 108.15 (6) (d) (intro.) of the statutes is amended to read:

SB44,806,17 108.15 (6) (d) (intro.) Upon receipt of such certification, the state treasurer secretary of administration shall withhold, from each sum of any such tax or aid thereafter payable to the government unit, until the delinquency is satisfied, the lesser of the following amounts:

SB44, s. 1956 Section 1956. 108.15 (6) (e) of the statutes is amended to read:

SB44,806,22 108.15 (6) (e) Any amount withheld by the state treasurer secretary of administration under par. (d) shall be paid by the state treasurer secretary of administration to the fund's treasurer, who shall duly credit such payment toward satisfying the delinquency.

SB44, s. 1957 Section 1957. 108.161 (3) of the statutes is amended to read:

SB44,807,2 108.161 (3) Consistently with this chapter and said section 903, such moneys shall be used solely for benefits or employment security administration by the department, including unemployment insurance, employment service, apprenticeship programs, and related statistical operations.

SB44, s. 1958 Section 1958. 108.161 (4) (c) of the statutes is amended to read:

SB44,807,7 108.161 (4) (c) Specifying that the appropriated amounts are available for obligation solely within the 2 years beginning on the appropriation law's date of enactment. This paragraph does not apply to the appropriation under s. 20.445 (1) (nd).

SB44, s. 1959 Section 1959. 108.162 (3) of the statutes is amended to read:

SB44,807,13 108.162 (3) The amount obligated under this section during any fiscal year may not exceed the aggregate of all amounts credited under s. 108.161 (1), including amounts credited under s. 108.161 (8), reduced by the amount obligated under s. 20.445 (1) (nb) and (nd) and further reduced at the time of any obligation by the sum of the moneys obligated and charged against any of the amounts thus credited.

SB44, s. 1960 Section 1960. 108.20 (2) of the statutes is amended to read:

SB44,807,19 108.20 (2) All amounts received by the department for the administrative account shall be paid over to the state treasurer secretary of administration and credited to that account for the administration of this chapter and the employment service, for the payment of benefits chargeable to the account under s. 108.07 (5) and for the purposes specified in sub. (2m).

SB44, s. 1961 Section 1961. 111.335 (1) (cv) of the statutes is amended to read:

SB44,808,2 111.335 (1) (cv) Notwithstanding s. 111.322, it is not employment discrimination because of conviction record to refuse to employ in a position in the classified service, or in a position described in s. 230.08 (2) (k), or as a corps enrollee with the Wisconsin conservation corps under s. 106.215 (1) (c) a person who has been convicted under 50 USC, Appendix, section 462 for refusing to register with the selective service system and who has not been pardoned.

SB44, s. 1962 Section 1962. 111.375 (1) of the statutes is amended to read:

SB44,808,14 111.375 (1) Except as provided under sub. (2), this This subchapter shall be administered by the department. The department may make, amend and rescind such rules as are necessary to carry out this subchapter. The department or the commission may, by such agents or agencies as it designates, conduct in any part of this state any proceeding, hearing, investigation or inquiry necessary to the performance of its functions. The department shall preserve the anonymity of any employee who is the aggrieved party in a complaint of discrimination in promotion, compensation or terms and conditions of employment, of unfair honesty testing or of unfair genetic testing against his or her present employer until a determination as to probable cause has been made, unless the department determines that the anonymity will substantially impede the investigation.

SB44, s. 1963 Section 1963. 111.375 (2) of the statutes is amended to read:

SB44,808,20 111.375 (2) This subchapter applies to each agency of the state except that complaints of discrimination, unfair honesty testing or unfair genetic testing against the agency as an employer shall be filed with and processed by the personnel commission under s. 230.45 (1) (b). Decisions of the personnel commission are subject to review under ch. 227.

SB44, s. 1964 Section 1964. 111.39 (4) (bm) of the statutes is created to read:

SB44,809,7 111.39 (4) (bm) If the department initially finds that there is no probable cause to believe that any discrimination has been or is being committed, that unfair honesty testing has occurred or is occurring, or that unfair genetic testing has occurred or is occurring as alleged in the complaint, the department may dismiss the complaint. The department shall, by a notice to be served with the findings, notify the parties of the complainant's right to appeal the dismissal of the complaint by requesting a review of the findings by a hearing examiner, which review shall be based solely on the department's record of the complaint. Service of the findings shall be made by certified mail, return receipt requested. If the hearing examiner determines that no probable cause exists, that determination is the final determination of the department and may be appealed under sub. (5).

SB44, s. 1965 Section 1965. 111.40 of the statutes is created to read:

SB44,809,12 111.40 Civil action. (1) Any person, including the state, alleging that discrimination, unfair honesty testing, or unfair genetic testing has occurred may bring a civil action seeking such action, as described in s. 111.39 (4) (c), as will effectuate the purpose of this subchapter.

SB44,809,18 (2) An action commenced under sub. (1) may be brought in the circuit court for the county where the alleged violation occurred or for the county where the person against whom the action is filed resides or has a principal place of business, and shall be commenced within 300 days after the alleged violation occurred. The 300-day statute of limitations under this subsection shall be tolled while an administrative proceeding concerning the same violation is pending.

SB44, s. 1966 Section 1966. 111.70 (1) (a) of the statutes is amended to read:

SB44,810,17 111.70 (1) (a) "Collective bargaining" means the performance of the mutual obligation of a municipal employer, through its officers and agents, and the representative of its municipal employees in a collective bargaining unit, to meet and confer at reasonable times, in good faith, with the intention of reaching an agreement, or to resolve questions arising under such an agreement, with respect to wages, hours and conditions of employment, and with respect to a requirement of the municipal employer for a municipal employee to perform law enforcement and fire fighting services under s. 61.66, except as provided in sub. (4) (m) and s. 40.81 (3) and except that a municipal employer shall not meet and confer with respect to any proposal to diminish or abridge the rights guaranteed to municipal employees under ch. 164. The duty to bargain, however, does not compel either party to agree to a proposal or require the making of a concession. Collective bargaining includes the reduction of any agreement reached to a written and signed document. The municipal employer shall not be required to bargain on subjects reserved to management and direction of the governmental unit except insofar as the manner of exercise of such functions affects the wages, hours and conditions of employment of the municipal employees in a collective bargaining unit and except as provided in sub. (4) (p). In creating this subchapter the legislature recognizes that the municipal employer must exercise its powers and responsibilities to act for the government and good order of the jurisdiction which it serves, its commercial benefit and the health, safety and welfare of the public to assure orderly operations and functions within its jurisdiction, subject to those rights secured to municipal employees by the constitutions of this state and of the United States and by this subchapter.

SB44, s. 1967 Section 1967. 111.70 (1) (b) of the statutes is amended to read:

SB44,810,22 111.70 (1) (b) "Collective bargaining unit" means a unit consisting of municipal employees who are school district professional employees or of municipal employees who are not school district professional employees that is determined by the commission to be appropriate for the purpose of collective bargaining.

SB44, s. 1968 Section 1968. 111.70 (1) (dm) of the statutes is repealed.

SB44, s. 1969 Section 1969. 111.70 (1) (fm) of the statutes is repealed.