AB64: Bill Text

AB64,651,5 (b) If a respondent's settlement offer is not accepted and the complainant fails to obtain a more favorable award, the amounts under par. (a) shall be deducted from any award made in favor of the complainant. If the post-offer costs of the respondent exceed the amount awarded to the complainant, the net amount shall be awarded to the respondent and the award shall be entered accordingly.

AB64,651,7 (13) If a complainant's settlement offer is not accepted and the complainant obtains a more favorable award, the department shall do all of the following:

AB64,651,8 (a) Award prejudgment interest on the final award from the date of the offer.

AB64,651,12 (b) Require the respondent to pay a reasonable sum to cover the costs of services of any expert witness who is not a regular employee of any party that are actually incurred and reasonably necessary in preparation for the hearing or during the hearing, in addition to the complainant's costs.

AB64,651,19 (14) (a) After the department makes an order under s. 103.10 (12) (d) or 103.11 (12) (b), either party may make a subsequent motion to introduce evidence of a valid settlement offer made under this section that was declined. The motion shall be made within 10 business days after the date of the award and shall identify the parties in the offer, who made the offer, the amount of the offer, the date of the offer, and the date it was declined. The motion shall also identify the effect the declined offer has on the final award and how the department should proceed.

AB64,651,21 (b) A nonmoving party may file a response to a motion under par. (a) within 5 business days after the movant files the motion.

AB64,651,24 (15) Police officers shall be permitted to testify as expert witnesses for the purposes of this section. For purposes of this section, “complainant” includes a cross-complainant and “respondent” includes a cross-respondent.

AB64,1384 Section 1384 . 103.503 (1) (a) of the statutes is amended to read:

AB64,652,6 103.503 (1) (a) “Accident" means an incident caused, contributed to, or otherwise involving an employee that resulted or could have resulted in death, personal injury, or property damage and that occurred while the employee was performing the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 (2m), 2015 stats., on a project of public works or while the employee was performing work on a public utility project.

AB64,1385 Section 1385 . 103.503 (1) (c) of the statutes is amended to read:

AB64,652,11 103.503 (1) (c) “Contracting agency" means a local governmental unit, as defined in s. 66.0903 (1) (d), or a state agency, as defined in s. 16.856 (1) (h), that has contracted for the performance of work on a project of public works or a public utility that has contracted for the performance of work on a public utility project.

AB64,1386 Section 1386 . 103.503 (1) (e) of the statutes is amended to read:

AB64,652,15 103.503 (1) (e) “Employee" means a laborer, worker, mechanic, or truck driver who performs the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 (2m), 2015 stats., on a project of public works or on a public utility project.

AB64,1387 Section 1387 . 103.503 (1) (fm) of the statutes is created to read:

AB64,652,20 103.503 (1) (fm) “Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of such a political subdivision or special purpose district, a combination or subunit of any of the foregoing, or an instrumentality of the state and any of the foregoing.

AB64,1388 Section 1388 . 103.503 (1) (g) of the statutes is amended to read:

AB64,653,2 103.503 (1) (g) “Project of public works" means a project of public works that is subject to s. 16.856 or that would be subject to s. 66.0903, 2013 stats., if the project were erected, constructed, repaired, remodeled, or demolished prior to January 1, 2017, or that would be subject to s. 16.856, 2015 stats., if the project were erected, constructed, repaired, remodeled, or demolished prior to the effective date of this paragraph .... [LRB inserts date].

AB64,1389 Section 1389 . 103.503 (1) (j) of the statutes is created to read:

AB64,653,9 103.503 (1) (j) “State agency" means any office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts. “State agency" also includes the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, and the Wisconsin Aerospace Authority.

AB64,1390 Section 1390 . 103.503 (2) of the statutes is amended to read:

AB64,653,18 103.503 (2) Substance abuse prohibited. No employee may use, possess, attempt to possess, distribute, deliver, or be under the influence of a drug, or use or be under the influence of alcohol, while performing the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 (2m), 2015 stats., on a project of public works or while performing work on a public utility project. An employee is considered to be under the influence of alcohol for purposes of this subsection if he or she has an alcohol concentration that is equal to or greater than the amount specified in s. 885.235 (1g) (d).

AB64,1391 Section 1391 . 103.503 (3) (a) 2. of the statutes is amended to read:

AB64,654,2 103.503 (3) (a) 2. A requirement that employees performing the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 (2m), 2015 stats., on a project of public works or performing work on a public utility project submit to random, reasonable suspicion, and post-accident drug and alcohol testing and to drug and alcohol testing before commencing work on the project, except that testing of an employee before commencing work on a project is not required if the employee has been participating in a random testing program during the 90 days preceding the date on which the employee commenced work on the project.

AB64,1392 Section 1392 . 103.545 (6) of the statutes is amended to read:

AB64,654,9 103.545 (6) Upon complaint of an affected employer, labor organization, or employee, the department may investigate violations and issue orders to enforce this section. The investigations and orders shall be made as provided under s. 103.005. Orders are subject to review as provided in ch. 227. The department of justice may, upon request of the commission department, prosecute violations of this section in any court of competent jurisdiction.

AB64,1393 Section 1393. 106.005 of the statutes is created to read:

AB64,654,14 106.005 Apprenticeship coordinator. The department shall designate an employee of the department to serve as an apprenticeship coordinator to expand and streamline apprenticeship program offerings for inmates in correctional facilities in this state.

AB64,1394 Section 1394. 106.025 (3) of the statutes is amended to read:

AB64,654,21 106.025 (3) After the expiration of an apprenticeship term, no apprentice may engage in the business of plumbing either as an apprentice or as a journeyman plumber unless the apprentice secures a journeyman plumber's license. In case of failure to pass the examination for the license, he or she may continue to serve as an apprentice but not beyond the time for reexamination for a journeyman plumber's license, as prescribed by the rules of the department.

AB64,1395 Section 1395 . 106.04 of the statutes is repealed.

AB64,1396 Section 1396 . 106.125 of the statutes is created to read:

AB64,655,3 106.125 Early college credit program. On behalf of the school board of a school district, the department of workforce development shall pay to the department of public instruction the costs of tuition for a pupil who attends an institution of higher education under the program under s. 118.55 as provided under s. 118.55 (5) (e) 2. and 3.

AB64,1397 Section 1397. 106.27 (1) of the statutes is renumbered 106.27 (1) (intro.) and amended to read:

AB64,655,14 106.27 (1) Workforce training grants. (intro.) From the appropriation under s. 20.445 (1) (b), the department shall award grants to public and private organizations for the development and implementation of workforce training programs. An organization that is awarded a grant under this subsection may use the grant for the training of unemployed and underemployed workers and incumbent employees of businesses in this state. As a condition of receiving a grant under this subsection, the department may require a public or private organization to provide matching funds at a percentage to be determined by the department. Grants awarded under this subsection may include any of the following:

AB64,1398 Section 1398. 106.27 (1) (a) of the statutes is created to read:

AB64,655,18 106.27 (1) (a) Grants for collaborative projects among school districts, technical colleges, and businesses to provide high school students with industry-recognized certifications in high-demand fields, as determined by the department.

AB64,1399 Section 1399. 106.27 (1) (b) of the statutes is created to read:

AB64,655,21 106.27 (1) (b) 1. Grants for programs that train teachers and that train individuals to become teachers, including teachers in dual enrollment programs.

AB64,655,22 2. In this paragraph:

AB64,656,2 a. “Dual enrollment program" means a program or course of study designed to provide high school students the opportunity to gain credits in both technical college and high school, including transcripted credit programs or other educational services provided by contract between a school district and a technical college.

AB64,656,3 b. “Teacher” includes an instructor at a technical college under ch. 38.

AB64,1400 Section 1400 . 106.27 (1) (c) of the statutes is created to read:

AB64,656,6 106.27 (1) (c) Grants for the development of public-private partnerships designed to improve workforce retention through employee support and training.

AB64,1401 Section 1401 . 106.27 (1) (d) of the statutes is created to read:

AB64,656,10 106.27 (1) (d) Grants to nonprofit organizations, institutions of higher education, as defined in 20 USC 1001 (a) and (b), and employers to increase the number of students who are placed with employers for internships.

AB64,1402 Section 1402 . 106.27 (1) (e) of the statutes is created to read:

AB64,656,14 106.27 (1) (e) Grants to community-based organizations for public-private partnerships to create and implement a nursing training program for middle school and high school students.

AB64,1403 Section 1403. 106.27 (1j) of the statutes is created to read:

AB64,656,18 106.27 (1j) Workforce training program; mobile classrooms. (a) Of the amounts appropriated under s. 20.445 (1) (b), the department may allocate all of the following amounts:

AB64,656,20 1. Up to $1,000,000 for grants to fund the creation and operation of mobile classrooms.

AB64,656,22 2. Up to $50,000 in each fiscal year for grants to fund the upkeep and maintenance of the mobile classrooms described under subd. 1.

AB64,656,25 (b) The mobile classrooms described under par. (a) 1. shall be used to provide job skills training to individuals in underserved areas of this state, including inmates at correctional facilities who are preparing for reentry into the workforce.

AB64,657,6 (c) Grant money awarded under par. (a) 1. may be used by the grant recipient to purchase capital equipment, such as a mobile or modular unit, that will be used as a mobile classroom, including costs to modify the equipment to make it suitable for classroom instruction, and to purchase and install any furniture, equipment, and supplies necessary or desirable for outfitting the mobile classroom for the job skills training that will be provided in the mobile classroom.

AB64,1404 Section 1404 . 106.27 (1r) of the statutes is amended to read:

AB64,657,12 106.27 (1r) Student internship coordination. From the appropriation under s. 20.445 (1) (b), the department shall provide coordination between nonprofit organizations and institutions of higher education, as defined in 20 USC 1001 (a) and (b), and employers to increase the number of students who are placed with employers for internships.

AB64,1405 Section 1405. 106.27 (2g) (a) 2. of the statutes is amended to read:

AB64,657,16 106.27 (2g) (a) 2. Receive and review applications for grants under subs. (1) and, (1g), and (1j) and prescribe the form, nature, and extent of the information that must be contained in an application for a grant under sub. (1) or, (1g), or (1j).

AB64,1406 Section 1406. 106.27 (3) of the statutes is amended to read:

AB64,658,13 106.27 (3) Annual report. Annually, by December 31, the department shall submit a report to the governor and the cochairpersons of the joint committee on finance providing an account of the department's activities and expenditures under this section during the preceding fiscal year and detailing the amounts allocated to and expended for each of the programs, grants, and services specified in s. 20.445 (1) (b) and (bm) for that fiscal year. The report shall include information on the number of unemployed and underemployed workers and incumbent employees who participate in training programs under sub. (1) or (1j); the number of unemployed workers who obtain gainful employment, underemployed workers who obtain new employment, and incumbent employees who receive increased compensation after participating in such a training program; and the wages earned by those workers and employees both before and after participating in such a training program. The report shall also include information on the extent to which waiting lists for enrollment in courses and programs provided by technical colleges in high-demand fields are reduced as a result of grants under sub. (1g) (a), on the number of high school pupils students who participate in certification or training programs under sub. (1) (a) or (e) or (1g) (b), and on the number of persons with disabilities who participate in employment enhancement activities under sub. (1g) (c). In addition, the report shall provide information on the number of student interns who are placed with employers as a result of the coordination activities conducted under sub. (1r) or the grants awarded under sub. (1) (d).

AB64,1407 Section 1407 . 106.272 of the statutes is created to read:

AB64,658,18 106.272 Teacher development program grants. (1) From the appropriation under s. 20.445 (1) (b), the department shall award grants to a school district that has partnered with one of the following entities to design and implement a teacher development program:

AB64,658,19 (a) A school of education in the University of Wisconsin System.

AB64,658,21 (b) The flexible option program in the University of Wisconsin System Extension.

AB64,658,23 (2) In awarding a grant under this section, the department shall do all of the following:

AB64,658,25 (a) Consult with the department of public instruction to confirm that the teacher development program satisfies the requirements under s. 118.196 (2).

AB64,659,3 (b) Consider the methods by which the school district and partnering entity under sub. (1) will make the teacher development program affordable to participating employees.

AB64,659,5 (c) Consider whether the school district has agreed to contribute matching funds towards the teacher development program.

AB64,1408 Section 1408 . 106.52 (1) (a) of the statutes is renumbered 106.52 (1) (ar).

AB64,1409 Section 1409 . 106.52 (1) (ag) of the statutes is created to read:

AB64,659,9 106.52 (1) (ag) “Administrator” means the administrator of the division of equal rights.

AB64,1410 Section 1410 . 106.52 (4) (a) 4. of the statutes is amended to read:

AB64,660,18 106.52 (4) (a) 4. If the department finds probable cause to believe that any act prohibited under sub. (3) has been or is being committed, the department may endeavor to eliminate the act by conference, conciliation, and persuasion. If the department determines that such conference, conciliation, and persuasion has not eliminated the alleged act prohibited under sub. (3), the department shall issue and serve a written notice of hearing, specifying the nature and acts prohibited under sub. (3) which that appear to have been committed, and requiring the person named, in this subsection called the “respondent", to answer the complaint at a hearing before an examiner. The notice shall specify a time of hearing, not less than 10 days after service of the complaint, and a place of hearing within the county in which the violation of sub. (3) is alleged to have occurred. The attorney of record for any party may issue a subpoena to compel the attendance of a witness or the production of evidence. A subpoena issued by an attorney must be in substantially the same form as provided in s. 805.07 (4) and must be served in the manner provided in s. 805.07 (5). The attorney shall, at the time of issuance, send a copy of the subpoena to the appeal tribunal examiner or other representative of the department responsible for conducting the proceeding. The testimony at the hearing shall be recorded by the department. In all hearings before an examiner, except those for determining probable cause, the burden of proof is on the party alleging an act prohibited under sub. (3). If, after the hearing, the examiner finds by a fair preponderance of the evidence that the respondent has violated sub. (3), the examiner shall make written findings and order such action by the respondent as will effectuate the purpose of this subsection and sub. (3). The department shall serve a certified copy of the examiner's findings and order on the respondent and complainant. The order shall have the same force as other orders of the department and shall be enforced as provided in this subsection, except that the enforcement of the order is automatically stayed upon the filing of a petition for review with the commission by the administrator under par. (b). If the examiner finds that the respondent has not engaged in an act prohibited under sub. (3) as alleged in the complaint, the department shall serve a certified copy of the examiner's findings on the complainant and the respondent together with an order dismissing the complaint. If the complaint is dismissed, costs in an amount not to exceed $100 plus actual disbursements for the attendance of witnesses may be assessed against the department in the discretion of the department.

AB64,1411 Section 1411 . 106.52 (4) (b) 1. of the statutes is amended to read:

AB64,660,23 106.52 (4) (b) 1. A respondent or complainant who is dissatisfied with the findings and order of the examiner under par. (a) may file a written petition with the department for review by the commission of the findings and order by the administrator.

AB64,1412 Section 1412 . 106.52 (4) (b) 2. of the statutes is amended to read:

AB64,661,7 106.52 (4) (b) 2. The commission administrator shall either reverse, modify, set aside, or affirm the findings and order in whole or in part, or direct the taking of additional evidence. Such action shall be based on a review of the evidence submitted. If the commission department 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 may extend the time another 21 days for filing the petition with the department.

AB64,1413 Section 1413 . 106.52 (4) (b) 3. of the statutes is amended to read:

AB64,661,16 106.52 (4) (b) 3. On motion, the commission administrator may set aside, modify, or change any decision made by the commission administrator, at any time within 28 days from the date thereof if it discovers any mistake therein, or upon the grounds of newly discovered evidence. The commission administrator may on its own motion, for reasons it deems sufficient, set aside any final decision of the commission administrator within one year from the date thereof upon grounds of mistake or newly discovered evidence, and remand the case to the department for further proceedings.

AB64,1414 Section 1414 . 106.52 (4) (c) of the statutes is amended to read:

AB64,662,3 106.52 (4) (c) Judicial review. Within 30 days after service upon all parties of an order of the commission a decision of the administrator under par. (b), the respondent or complainant may appeal the order to the circuit court for the county in which the alleged act prohibited under sub. (3) took place by the filing of a petition for review. The respondent or complainant shall receive a new trial on all issues relating to any alleged act prohibited under sub. (3) and a further right to a trial by jury, if so desired. The department of justice shall represent the commission department. In any such trial the burden shall be to prove an act prohibited under sub. (3) by a fair preponderance of the evidence. Costs in an amount not to exceed $100 plus actual disbursements for the attendance of witnesses may be taxed to the prevailing party on the appeal.

AB64,1415 Section 1415 . 106.56 (4) (a) of the statutes is amended to read:

AB64,662,10 106.56 (4) (a) The department shall receive and investigate complaints charging discrimination or discriminatory practices in particular cases, and publicize its findings with respect thereto to those complaints. The department has all powers provided under s. 111.39 with respect to the disposition of such complaints. The findings and orders of examiners may be reviewed by the administrator as provided under s. 106.52 (4) (b).

AB64,1416 Section 1416 . 106.56 (4) (b) of the statutes is amended to read:

AB64,662,15 106.56 (4) (b) Findings Following review by the administrator under s. 106.52 (4) (b), findings and orders of the commission under this section are subject to judicial review under ch. 227. Upon such review, the department of justice shall represent the commission department.

AB64,1417 Section 1417 . 108.02 (1m) of the statutes is created to read:

AB64,662,18 108.02 (1m) Administrator. “Administrator” means the administrator of the division of the department that is responsible for administering this chapter.

AB64,1418 Section 1418. 108.02 (7) of the statutes is repealed.

AB64,1419 Section 1419. 108.04 (13) (f) of the statutes is amended to read: