AB64,1380 14Section 1380 . 103.10 (12) (d) of the statutes is amended to read:
AB64,645,2115 103.10 (12) (d) The department shall issue its decision and order within 30 days
16after the hearing. If the department finds that an employer violated sub. (11) (a) or
17(b), it may, except as provided in s. 103.12 (12), order the employer to take action to
18remedy the violation, including providing requested family leave or medical leave,
19reinstating an employee, providing back pay accrued not more than 2 years before
20the complaint was filed and paying reasonable actual attorney fees to the
21complainant.
AB64,1381 22Section 1381 . 103.11 (12) (a) of the statutes is amended to read:
AB64,646,823 103.11 (12) (a) An employee who believes his or her employer has violated sub.
24(11) (a) or (b) may, within 30 days after the violation occurs or the employee should
25reasonably have known that the violation occurred, whichever is later, file a

1complaint with the department alleging the violation. The department shall
2investigate the complaint and shall attempt to resolve the complaint by conference,
3conciliation, or persuasion. The parties may also attempt to resolve the complaint
4through offers of settlement in accordance with s. 103.12.
If the complaint is not
5resolved through settlement under s. 103.12 or otherwise and the department finds
6probable cause to believe a violation has occurred, the department shall proceed with
7notice and a hearing on the complaint as provided in ch. 227. The hearing shall be
8held within 60 days after the department receives the complaint.
AB64,1382 9Section 1382 . 103.11 (12) (b) of the statutes is amended to read:
AB64,646,1610 103.11 (12) (b) The department shall issue its decision and order within 30 days
11after the hearing. If the department finds that an employer violated sub. (11) (a) or
12(b), it may, except as provided in s. 103.12 (12), order the employer to take action to
13remedy the violation, including providing the requested bone marrow and organ
14donation leave, reinstating an employee, providing back pay accrued not more than
152 years before the complaint was filed, and paying reasonable actual attorney fees
16to the complainant.
AB64,1383 17Section 1383. 103.12 of the statutes is created to read:
AB64,646,18 18103.12 Offers of settlement. (1) In this section:
AB64,646,2019 (a) “More favorable award” means an order under s. 103.10 (12) (d) or 103.11
20(12) (b) to which either of the following applies:
AB64,646,2321 1. The order includes an order of reinstatement, or for some other substantive
22or tangible benefit besides a mere finding that the law was violated, that was not
23provided for in a settlement offer made under this section.
AB64,647,3
12. The order includes a monetary award to the complainant that, exclusive of
2the complainant's pre-offer costs and post-offer costs, exceeds the compensation
3provided for in a settlement offer made under this section.
AB64,647,54 (b) “Prejudgment interest” means interest at an annual rate equal to 1 percent
5plus the prime rate in effect on the date of the settlement offer.
AB64,647,96 (c) “Pre-offer costs” and “post-offer costs” include reasonable attorney fees,
7filing fees, subpoena fees, copying costs, court reporter fees, reasonable investigative
8costs, reasonable travel expenses, and all other similar fees and expenses related to
9litigating the complaint.
AB64,647,11 10(2) This section applies with respect to complaints under s. 103.10 (12) or
11103.11 (12).
AB64,647,16 12(3) Unless otherwise specified, a settlement offer made under this section is an
13offer to resolve all claims between the parties. Settlement offers made under this
14section shall be construed as including all compensation that may be awarded under
15s. 103.10 (12) (d) or 103.11 (12) (b) or in a civil action under s. 103.10 (13) or 103.11
16(13).
AB64,647,21 17(4) At any time between 10 days after a complaint is filed under s. 103.10 (12)
18(b) or 103.11 (12) (a) and 10 days prior to commencement of a hearing under s. 103.10
19(12) (b) or 103.11 (12) (a), any party may serve an offer upon any other party to the
20action for settlement to be entered in accordance with the terms and conditions
21stated at that time.
AB64,647,23 22(5) A settlement offer under sub. (4) shall include a citation to this section and
23shall satisfy all of the following:
AB64,647,2424 (a) Be in writing.
AB64,647,2525 (b) Identify parties making the offer and the parties to whom the offer is made.
AB64,648,1
1(c) Identify generally the claim the offer is attempting to resolve.
AB64,648,22 (d) State the terms and conditions of the offer.
AB64,648,33 (e) Include one of the following:
AB64,648,74 1. If the complainant is making the offer, the statement “In accordance with and
5subject to s. 103.12, Wis. Stats., if this offer is not accepted and a more favorable
6award is obtained by the complainant, prejudgment interest will attach to the final
7award from the date this offer was received.”
AB64,648,118 2. If the respondent is making the offer, the statement “In accordance with and
9subject to s. 103.12, Wis. Stats., if this offer is not accepted and the complainant fails
10to obtain a more favorable award, the respondent will be entitled to post-offer costs
11and fees, including attorney fees, from the date this offer was received.”
AB64,648,1312 (f) State the deadline by which the offer must be accepted, in accordance with
13sub. (11) (b).
AB64,648,1614 (g) Include a provision that requires the accepting party and, if the accepting
15party is represented by an attorney, the accepting party's attorney to indicate
16acceptance of the offer by signing a statement that the offer is accepted.
AB64,648,1717 (h) Be signed by the offeror or the offeror's attorney of record.
AB64,648,1818 (i) Include a certificate of service and be served by certified mail.
AB64,648,1919 (j) Be served on all parties to whom the offer is made.
AB64,648,23 20(6) (a) A settlement offer may be made subject to a confidentiality requirement
21and such other reasonable conditions, including the execution of appropriate
22releases, indemnities, and other documents, as are typical of such settlement
23agreements.
AB64,648,2524 (b) All terms and conditions included in a final and fully executed settlement
25agreement are presumed to be reasonable.
AB64,649,5
1(c) 1. Notwithstanding subs. (12) and (13), if a settlement offer is declined by
2the offeree because of a condition the offeree believes to be unreasonable, and the
3condition is later determined by the department to be unreasonable under the
4circumstances of the case, the offer may not be the basis for an award of post-offer
5costs or prejudgment interest.
AB64,649,76 2. Notwithstanding subd. 1., if a complainant fails to obtain a more favorable
7award, the monetary amount in the settlement offer shall be considered reasonable.
AB64,649,10 8(7) Service of a settlement offer tolls the offeror's obligations regarding
9discovery, responsive pleadings, and other investigative and litigation obligations
10until one of the following occurs:
AB64,649,1211 (a) The offeree accepts or declines the offer as provided in sub. (10) (a) or (11)
12(a).
AB64,649,1513 (b) If the offer expires as provided in sub. (11) (b), the offeree acknowledges
14receipt of the offer in writing, with the signature of the offeree and, if the offeree is
15represented by an attorney, the offeree's attorney.
AB64,649,17 16(8) A settlement offer may be withdrawn in writing at any time prior to
17acceptance by the offeree. Once withdrawn, the offer is void.
AB64,649,22 18(9) Any settlement offer, the acceptance or declination of any such offer, and
19any negotiations related to such offers may not be proffered or accepted as evidence
20nor mentioned in a hearing under s. 103.10 (12) (b) or 103.11 (12) (a) or in any other
21proceedings relating to the claim, except as provided in sub. (14), and shall be treated
22for all other purposes as provided in s. 904.08.
AB64,650,4 23(10) (a) Any acceptance of a settlement offer shall, whether made on the
24document containing the offer or on a separate document of acceptance, be in writing,
25be promptly delivered to the offeror or the offeror's attorney, and include the

1signature of the accepting party and, if the accepting party is represented by an
2attorney, the accepting party's attorney. Upon acceptance, the parties are obligated
3to enter into good faith negotiations to memorialize the terms of the settlement and
4execute documents necessary to effectuate the settlement.
AB64,650,95 (b) If a settlement offer is accepted, the parties shall promptly file with the
6department a notice that settlement has been reached between the parties in
7accordance with this section, together with the complainant's request for dismissal
8of the complaint, and the department shall enter the settlement and dismissal of the
9complaint accordingly.
AB64,650,13 10(11) (a) Any declination of a settlement offer shall, except as provided in par.
11(b), be in writing, be promptly delivered to the offeror or the offeror's attorney, and
12include the signature of the offeree and, if the offeree is represented by an attorney,
13the offeree's attorney.
AB64,650,1614 (b) If a settlement offer is not accepted or declined in accordance with this
15section prior to a hearing or within 10 days after it is served, whichever occurs first,
16the offer shall expire and shall be deemed declined.
AB64,650,24 17(12) (a) If a respondent's settlement offer is not accepted and the complainant
18fails to obtain a more favorable award, the complainant shall not recover any
19post-offer costs and shall pay the respondent's post-offer costs from the date of the
20offer. In addition, the complainant shall be required to pay a reasonable sum to cover
21the costs of services of any expert witness who is not a regular employee of any party
22that are actually incurred and reasonably necessary in preparation for the hearing
23or during the hearing. This subsection supersedes any statute awarding post-offer
24costs and fees to a prevailing complainant.
AB64,651,5
1(b) If a respondent's settlement offer is not accepted and the complainant fails
2to obtain a more favorable award, the amounts under par. (a) shall be deducted from
3any award made in favor of the complainant. If the post-offer costs of the respondent
4exceed the amount awarded to the complainant, the net amount shall be awarded to
5the respondent and the award shall be entered accordingly.
AB64,651,7 6(13) If a complainant's settlement offer is not accepted and the complainant
7obtains a more favorable award, the department shall do all of the following:
AB64,651,88 (a) Award prejudgment interest on the final award from the date of the offer.
AB64,651,129 (b) Require the respondent to pay a reasonable sum to cover the costs of services
10of any expert witness who is not a regular employee of any party that are actually
11incurred and reasonably necessary in preparation for the hearing or during the
12hearing, in addition to the complainant's costs.
AB64,651,19 13(14) (a) After the department makes an order under s. 103.10 (12) (d) or 103.11
14(12) (b), either party may make a subsequent motion to introduce evidence of a valid
15settlement offer made under this section that was declined. The motion shall be
16made within 10 business days after the date of the award and shall identify the
17parties in the offer, who made the offer, the amount of the offer, the date of the offer,
18and the date it was declined. The motion shall also identify the effect the declined
19offer has on the final award and how the department should proceed.
AB64,651,2120 (b) A nonmoving party may file a response to a motion under par. (a) within 5
21business days after the movant files the motion.
AB64,651,24 22(15) Police officers shall be permitted to testify as expert witnesses for the
23purposes of this section. For purposes of this section, “complainant” includes a
24cross-complainant and “respondent” includes a cross-respondent.
AB64,1384 25Section 1384 . 103.503 (1) (a) of the statutes is amended to read:
AB64,652,6
1103.503 (1) (a) “Accident" means an incident caused, contributed to, or
2otherwise involving an employee that resulted or could have resulted in death,
3personal injury, or property damage and that occurred while the employee was
4performing the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 (2m), 2015
5stats.,
on a project of public works or while the employee was performing work on a
6public utility project.
AB64,1385 7Section 1385 . 103.503 (1) (c) of the statutes is amended to read:
AB64,652,118 103.503 (1) (c) “Contracting agency" means a local governmental unit, as
9defined in s. 66.0903 (1) (d),
or a state agency, as defined in s. 16.856 (1) (h), that has
10contracted for the performance of work on a project of public works or a public utility
11that has contracted for the performance of work on a public utility project.
AB64,1386 12Section 1386 . 103.503 (1) (e) of the statutes is amended to read:
AB64,652,1513 103.503 (1) (e) “Employee" means a laborer, worker, mechanic, or truck driver
14who performs the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 (2m), 2015
15stats.,
on a project of public works or on a public utility project.
AB64,1387 16Section 1387 . 103.503 (1) (fm) of the statutes is created to read:
AB64,652,2017 103.503 (1) (fm) “Local governmental unit" means a political subdivision of this
18state, a special purpose district in this state, an instrumentality or corporation of
19such a political subdivision or special purpose district, a combination or subunit of
20any of the foregoing, or an instrumentality of the state and any of the foregoing.
AB64,1388 21Section 1388 . 103.503 (1) (g) of the statutes is amended to read:
AB64,653,222 103.503 (1) (g) “Project of public works" means a project of public works that
23is subject to s. 16.856 or that would be subject to s. 66.0903, 2013 stats., if the project
24were erected, constructed, repaired, remodeled, or demolished prior to January 1,
252017, or that would be subject to s. 16.856, 2015 stats., if the project were erected,

1constructed, repaired, remodeled, or demolished prior to the effective date of this
2paragraph .... [LRB inserts date]
.
AB64,1389 3Section 1389 . 103.503 (1) (j) of the statutes is created to read:
AB64,653,94 103.503 (1) (j) “State agency" means any office, department, independent
5agency, institution of higher education, association, society, or other body in state
6government created or authorized to be created by the constitution or any law,
7including the legislature and the courts. “State agency" also includes the University
8of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System
9Authority, and the Wisconsin Aerospace Authority.
AB64,1390 10Section 1390 . 103.503 (2) of the statutes is amended to read:
AB64,653,1811 103.503 (2) Substance abuse prohibited. No employee may use, possess,
12attempt to possess, distribute, deliver, or be under the influence of a drug, or use or
13be under the influence of alcohol, while performing the work described in s. 66.0903
14(4), 2013 stats., or s. 16.856 (2m), 2015 stats., on a project of public works or while
15performing work on a public utility project. An employee is considered to be under
16the influence of alcohol for purposes of this subsection if he or she has an alcohol
17concentration that is equal to or greater than the amount specified in s. 885.235 (1g)
18(d).
AB64,1391 19Section 1391 . 103.503 (3) (a) 2. of the statutes is amended to read:
AB64,654,220 103.503 (3) (a) 2. A requirement that employees performing the work described
21in s. 66.0903 (4), 2013 stats., or s. 16.856 (2m), 2015 stats., on a project of public works
22or performing work on a public utility project submit to random, reasonable
23suspicion, and post-accident drug and alcohol testing and to drug and alcohol testing
24before commencing work on the project, except that testing of an employee before
25commencing work on a project is not required if the employee has been participating

1in a random testing program during the 90 days preceding the date on which the
2employee commenced work on the project.
AB64,1392 3Section 1392 . 103.545 (6) of the statutes is amended to read:
AB64,654,94 103.545 (6) Upon complaint of an affected employer, labor organization, or
5employee, the department may investigate violations and issue orders to enforce this
6section. The investigations and orders shall be made as provided under s. 103.005.
7Orders are subject to review as provided in ch. 227. The department of justice may,
8upon request of the commission department, prosecute violations of this section in
9any court of competent jurisdiction.
AB64,1393 10Section 1393. 106.005 of the statutes is created to read:
AB64,654,14 11106.005 Apprenticeship coordinator. The department shall designate an
12employee of the department to serve as an apprenticeship coordinator to expand and
13streamline apprenticeship program offerings for inmates in correctional facilities in
14this state.
AB64,1394 15Section 1394. 106.025 (3) of the statutes is amended to read:
AB64,654,2116 106.025 (3) After the expiration of an apprenticeship term, no apprentice may
17engage in the business of plumbing either as an apprentice or as a journeyman
18plumber unless the apprentice secures a journeyman plumber's license. In case of
19failure to pass the examination for the license, he or she may continue to serve as an
20apprentice but not beyond the time for reexamination for a journeyman plumber's
21license, as prescribed by the rules of the department.
AB64,1395 22Section 1395 . 106.04 of the statutes is repealed.
AB64,1396 23Section 1396 . 106.125 of the statutes is created to read:
AB64,655,3 24106.125 Early college credit program. On behalf of the school board of a
25school district, the department of workforce development shall pay to the

1department of public instruction the costs of tuition for a pupil who attends an
2institution of higher education under the program under s. 118.55 as provided under
3s. 118.55 (5) (e) 2. and 3.
AB64,1397 4Section 1397. 106.27 (1) of the statutes is renumbered 106.27 (1) (intro.) and
5amended to read:
AB64,655,146 106.27 (1) Workforce training grants. (intro.) From the appropriation under
7s. 20.445 (1) (b), the department shall award grants to public and private
8organizations for the development and implementation of workforce training
9programs. An organization that is awarded a grant under this subsection may use
10the grant for the training of unemployed and underemployed workers and
11incumbent employees of businesses in this state. As a condition of receiving a grant
12under this subsection, the department may require a public or private organization
13to provide matching funds at a percentage to be determined by the department.
14Grants awarded under this subsection may include any of the following:
AB64,1398 15Section 1398. 106.27 (1) (a) of the statutes is created to read:
AB64,655,1816 106.27 (1) (a) Grants for collaborative projects among school districts, technical
17colleges, and businesses to provide high school students with industry-recognized
18certifications in high-demand fields, as determined by the department.
AB64,1399 19Section 1399. 106.27 (1) (b) of the statutes is created to read:
AB64,655,2120 106.27 (1) (b) 1. Grants for programs that train teachers and that train
21individuals to become teachers, including teachers in dual enrollment programs.
AB64,655,2222 2. In this paragraph:
AB64,656,223 a. “Dual enrollment program" means a program or course of study designed to
24provide high school students the opportunity to gain credits in both technical college

1and high school, including transcripted credit programs or other educational
2services provided by contract between a school district and a technical college.
AB64,656,33 b. “Teacher” includes an instructor at a technical college under ch. 38.
AB64,1400 4Section 1400 . 106.27 (1) (c) of the statutes is created to read:
AB64,656,65 106.27 (1) (c) Grants for the development of public-private partnerships
6designed to improve workforce retention through employee support and training.
AB64,1401 7Section 1401 . 106.27 (1) (d) of the statutes is created to read:
AB64,656,108 106.27 (1) (d) Grants to nonprofit organizations, institutions of higher
9education, as defined in 20 USC 1001 (a) and (b), and employers to increase the
10number of students who are placed with employers for internships.
AB64,1402 11Section 1402 . 106.27 (1) (e) of the statutes is created to read:
Loading...
Loading...