SB30,1445
3Section 1445
. 110.20 (9) (g) of the statutes is amended to read:
SB30,676,84
110.20
(9) (g) Prescribe a procedure for remote sensing of not less than 0.5
5percent of nonexempt vehicles and, for such vehicles that grossly exceed applicable
6emission limitations, as determined by the department, notifying vehicle owners by
7mail
or, if desired by the vehicle owner, by any electronic means offered by the
8department that an emissions inspection must be performed under sub. (6) (a) 4.
SB30,1446
9Section 1446
. 111.07 (5) of the statutes is amended to read:
SB30,677,410
111.07
(5) The commission may
make findings and orders or may authorize
11a commissioner or an examiner to make findings and orders. Any party in interest
12who is dissatisfied with the findings or order
of a commissioner or examiner may file
13a written petition with the commission
as a body to review the findings or order. If
14no petition is filed within 20 days from the date that a copy of the findings or order
15of the commissioner or examiner was mailed to the last-known address of the parties
16in interest, such findings or order shall be considered the findings or order of the
17commission
as a body unless set aside, reversed
, or modified by
such commissioner 18the commission or examiner within such time. If the findings or order are set aside
19by the
commissioner commission or examiner the status shall be the same as prior
20to the findings or order set aside. If the findings or order are reversed or modified
21by the commissioner or examiner, the time for filing petition with the commission
22shall run from the time that notice of such reversal or modification is mailed to the
23last-known address of the parties in interest. Within 45 days after the filing of such
24petition with the commission, the commission shall either affirm, reverse, set aside
, 25or modify such findings or order, in whole or in part, or direct the taking of additional
1testimony. Such action shall be based on a review of the evidence submitted. If the
2commission is satisfied that a party in interest has been prejudiced because of
3exceptional delay in the receipt of a copy of any findings or order
, it may extend the
4time another 20 days for filing a petition with the commission.
SB30,1447
5Section 1447
. 111.07 (6) of the statutes is amended to read:
SB30,677,116
111.07
(6) The commission shall have the power to remove or transfer the
7proceedings pending before
a commissioner or
an examiner. It may also, on its own
8motion, set aside, modify
, or change any order, findings
, or award, whether made by
9an individual commissioner, an examiner
, or by the commission
as a body, at any time
10within 20 days from the date thereof if it shall discover any mistake therein, or upon
11the grounds of newly discovered evidence.
SB30,1448
12Section 1448
. 111.14 of the statutes is amended to read:
SB30,677,17
13111.14 Penalty. Any person who shall willfully assault, resist, prevent,
14impede
, or interfere with
any member of the commission or any of its agents or
15agencies in the performance of duties pursuant to this subchapter shall be punished
16by a fine of not more than $500 or by imprisonment in the county jail for not more
17than one year, or both.
SB30,1449
18Section 1449
. 111.32 (1) of the statutes is renumbered 111.32 (1r).
SB30,1450
19Section 1450
. 111.32 (1g) of the statutes is created to read:
SB30,677,2120
111.32
(1g) “Administrator” means the administrator of the division of the
21department that is responsible for administering this subchapter.
SB30,1451
22Section 1451
. 111.32 (2) of the statutes is repealed.
SB30,1452
23Section 1452
. 111.322 (2m) (c) of the statutes is repealed.
SB30,1453
24Section 1453
. 111.322 (2m) (d) of the statutes is amended to read:
SB30,678,2
1111.322
(2m) (d) The individual's employer believes that the individual
2engaged or may engage in any activity described in pars. (a) to
(c) (bm).
SB30,1454
3Section 1454
. 111.335 (1) (cx) of the statutes is amended to read:
SB30,678,74
111.335
(1) (cx) Notwithstanding s. 111.322, it is not employment
5discrimination because of conviction record to refuse to employ or license, or to bar
6or terminate from employment or licensure, any individual who has been convicted
7of any offense under s.
38.50 440.52 (13) (c).
SB30,1455
8Section 1455
. 111.375 (1) of the statutes is amended to read:
SB30,678,199
111.375
(1) This subchapter shall be administered by the department. The
10department may
make, amend and rescind such promulgate rules
as are necessary
11to carry out this subchapter. The department
or the commission may, by such agents
12or agencies as it designates, conduct in any part of this state any proceeding, hearing,
13investigation
, or inquiry necessary to the performance of its functions. The
14department shall preserve the anonymity of any employee who is the aggrieved party
15in a complaint of discrimination in promotion, compensation
, or terms and conditions
16of employment, of unfair honesty testing
, or of unfair genetic testing against his or
17her present employer until a determination as to probable cause has been made,
18unless the department determines that the anonymity will substantially impede the
19investigation.
SB30,1456
20Section 1456
. 111.39 (4) (b) of the statutes is amended to read:
SB30,679,1221
111.39
(4) (b) If the department finds probable cause to believe that any
22discrimination has been or is being committed, that unfair honesty testing has
23occurred or is occurring
, or that unfair genetic testing has occurred or is occurring,
24it may endeavor to eliminate the practice by conference, conciliation
, or persuasion.
25The parties may also attempt to resolve the complaint through offers of settlement
1in accordance with s. 111.392. If the department does not eliminate the
2discrimination, unfair honesty testing
, or unfair genetic testing
and the complaint
3is not resolved through settlement under s. 111.392 or otherwise, the department
4shall issue and serve a written notice of hearing, specifying the nature of the
5discrimination that appears to have been committed or unfair honesty testing or
6unfair genetic testing that has occurred, and requiring the person named, in this
7section called the “respondent
",,”
to answer the complaint at a hearing before an
8examiner. The notice shall specify a time of hearing not less than 30 days after
9service of the complaint, and a place of hearing within either the county of the
10respondent's residence or the county in which the discrimination, unfair honesty
11testing
, or unfair genetic testing appears to have occurred. The testimony at the
12hearing shall be recorded or taken down by a reporter appointed by the department.
SB30,1457
13Section 1457
. 111.39 (4) (c) of the statutes is amended to read:
SB30,680,1314
111.39
(4) (c) If, after hearing, the examiner finds that the respondent has
15engaged in discrimination, unfair honesty testing
, or unfair genetic testing, the
16examiner shall make written findings and order such action by the respondent as
17will effectuate the purpose of this subchapter, with or without back pay
, except as
18provided in s. 111.392 (12) and except that no attorney fees or costs shall be awarded
19to a complainant under this paragraph if no reinstatement, monetary relief, or other
20substantive or tangible benefit is ordered. If the examiner awards any payment to
21an employee because of a violation of s. 111.321 by an individual employed by the
22employer, under s. 111.32 (6), the employer of that individual is liable for the
23payment. If the examiner finds a respondent violated s. 111.322 (2m), the examiner
24shall award compensation in lieu of reinstatement if requested by all parties and
25may award compensation in lieu of reinstatement if requested by any party.
1Compensation in lieu of reinstatement for a violation of s. 111.322 (2m) may not be
2less than 500 times nor more than 1,000 times the hourly wage of the person
3discriminated against when the violation occurred. Back pay liability may not
4accrue from a date more than 2 years prior to the filing of a complaint with the
5department. Interim earnings or amounts earnable with reasonable diligence by the
6person discriminated against or subjected to unfair honesty testing or unfair genetic
7testing shall operate to reduce back pay otherwise allowable. Amounts received by
8the person discriminated against or subject to the unfair honesty testing or unfair
9genetic testing as unemployment benefits or welfare payments shall not reduce the
10back pay otherwise allowable, but shall be withheld from the person discriminated
11against or subject to unfair honesty testing or unfair genetic testing and immediately
12paid to the unemployment reserve fund or, in the case of a welfare payment, to the
13welfare agency making the payment.
SB30,1458
14Section 1458
. 111.39 (5) of the statutes is amended to read:
SB30,680,1715
111.39
(5) (a) Any respondent or complainant who is dissatisfied with the
16findings and order of the examiner may file a written petition with the department
17for review
by the commission of the findings and order
by the administrator.
SB30,681,218
(b) If no petition is filed within 21 days from the date that a copy of the findings
19and order of the examiner is mailed to the last-known address of the respondent the
20findings and order shall be considered final for purposes of enforcement under sub.
21(4) (d). If a timely petition is filed, the
commission administrator, on review, may
22either affirm, reverse
, or modify the findings or order in whole or in part, or set aside
23the findings and order and remand to the department for further proceedings. Such
24actions shall be based on a review of the evidence submitted. If the
commission 25department is satisfied that a respondent or complainant has been prejudiced
1because of exceptional delay in the receipt of a copy of any findings and order it may
2extend the time another 21 days for filing the petition with the department.
SB30,681,103
(c) On motion, the
commission administrator may set aside, modify
, or change
4any decision made by the
commission administrator, at any time within 28 days from
5the date thereof if it discovers any mistake therein, or upon the grounds of newly
6discovered evidence. The
commission administrator may on its own motion, for
7reasons it deems sufficient, set aside any final decision of the
commission 8administrator within one year from the date thereof upon grounds of mistake or
9newly discovered evidence, and remand the case to the department for further
10proceedings.
SB30,1459
11Section 1459
. 111.392 of the statutes is created to read:
SB30,681,12
12111.392 Offers of settlement.
(1) In this section:
SB30,681,1413
(a) “More favorable award” means an order under s. 111.39 (4) (c) to which
14either of the following applies:
SB30,681,1715
1. The order includes an order of reinstatement, or for some other substantive
16or tangible benefit besides a mere finding that the law was violated, that was not
17provided for in a settlement offer made under this section.
SB30,681,2018
2. The order includes a monetary award to the complainant that, exclusive of
19the complainant's pre-offer costs and post-offer costs, exceeds the compensation
20provided for in a settlement offer made under this section.
SB30,681,2221
(b) “Prejudgment interest” means interest at an annual rate equal to 1 percent
22plus the prime rate in effect on the date of the settlement offer.
SB30,682,223
(c) “Pre-offer costs” and “post-offer costs” include reasonable attorney fees,
24filing fees, subpoena fees, copying costs, court reporter fees, reasonable investigative
1costs, reasonable travel expenses, and all other similar fees and expenses related to
2litigating the complaint.
SB30,682,3
3(2) This section applies with respect to complaints under s. 111.39.
SB30,682,7
4(3) Unless otherwise specified, a settlement offer made under this section is an
5offer to resolve all claims between the parties. Settlement offers made under this
6section shall be construed as including all compensation that may be awarded under
7s. 111.39 (4) (c).
SB30,682,11
8(4) At any time between 10 days after a complaint is filed under s. 111.39 (1)
9and 10 days prior to commencement of a hearing under s. 111.39 (4) (b), any party
10may serve an offer upon any other party to the action for settlement to be entered in
11accordance with the terms and conditions stated at that time.
SB30,682,13
12(5) A settlement offer under sub. (4) shall include a citation to this section and
13shall satisfy all of the following:
SB30,682,1414
(a) Be in writing.
SB30,682,1515
(b) Identify parties making the offer and the parties to whom the offer is made.
SB30,682,1616
(c) Identify generally the claim the offer is attempting to resolve.
SB30,682,1717
(d) State the terms and conditions of the offer.
SB30,682,1818
(e) Include one of the following:
SB30,682,2219
1. If the complainant is making the offer, the statement “In accordance with and
20subject to s. 111.392, Wis. Stats., if this offer is not accepted and a more favorable
21award is obtained by the complainant, prejudgment interest will attach to the final
22award from the date this offer was received.”
SB30,683,223
2. If the respondent is making the offer, the statement “In accordance with and
24subject to s. 111.392, Wis. Stats., if this offer is not accepted and the complainant fails
1to obtain a more favorable award, the respondent will be entitled to post-offer costs
2and fees, including attorney fees, from the date this offer was received.”
SB30,683,43
(f) State the deadline by which the offer must be accepted, in accordance with
4sub. (11) (b).
SB30,683,75
(g) Include a provision that requires the accepting party and, if the accepting
6party is represented by an attorney, the accepting party's attorney to indicate
7acceptance of the offer by signing a statement that the offer is accepted.
SB30,683,88
(h) Be signed by the offeror or the offeror's attorney of record.
SB30,683,99
(i) Include a certificate of service and be served by certified mail.
SB30,683,1010
(j) Be served on all parties to whom the offer is made.
SB30,683,14
11(6) (a) A settlement offer may be made subject to a confidentiality requirement
12and such other reasonable conditions, including the execution of appropriate
13releases, indemnities, and other documents, as are typical of such settlement
14agreements.
SB30,683,1615
(b) All terms and conditions included in a final and fully executed settlement
16agreement are presumed to be reasonable.
SB30,683,2117
(c) 1. Notwithstanding subs. (12) and (13), if a settlement offer is declined by
18the offeree because of a condition the offeree believes to be unreasonable, and the
19condition is later determined by the department to be unreasonable under the
20circumstances of the case, the offer may not be the basis for an award of post-offer
21costs or prejudgment interest.
SB30,683,2322
2. Notwithstanding subd. 1., if a complainant fails to obtain a more favorable
23award, the monetary amount in the settlement offer shall be considered reasonable.
SB30,684,3
1(7) Service of a settlement offer tolls the offeror's obligations regarding
2discovery, responsive pleadings, and other investigative and litigation obligations
3until one of the following occurs:
SB30,684,54
(a) The offeree accepts or declines the offer as provided in sub. (10) (a) or (11)
5(a).
SB30,684,86
(b) If the offer expires as provided in sub. (11) (b), the offeree acknowledges
7receipt of the offer in writing, with the signature of the offeree and, if the offeree is
8represented by an attorney, the offeree's attorney.
SB30,684,10
9(8) A settlement offer may be withdrawn in writing at any time prior to
10acceptance by the offeree. Once withdrawn, the offer is void.
SB30,684,15
11(9) Any settlement offer, the acceptance or declination of any such offer, and
12any negotiations related to such offers may not be proffered or accepted as evidence
13nor mentioned in a hearing under s. 111.39 (4) (b) or in any other proceedings relating
14to the claim, except as provided in sub. (14), and shall be treated for all other purposes
15as provided in s. 904.08.
SB30,684,22
16(10) (a) Any acceptance of a settlement offer shall, whether made on the
17document containing the offer or on a separate document of acceptance, be in writing,
18be promptly delivered to the offeror or the offeror's attorney, and include the
19signature of the accepting party and, if the accepting party is represented by an
20attorney, the accepting party's attorney. Upon acceptance, the parties are obligated
21to enter into good faith negotiations to memorialize the terms of the settlement and
22execute documents necessary to effectuate the settlement.
SB30,685,223
(b) If a settlement offer is accepted, the parties shall promptly file with the
24department a notice that settlement has been reached between the parties in
25accordance with this section, together with the complainant's request for dismissal
1of the complaint, and the department shall enter the settlement and dismissal of the
2complaint accordingly.
SB30,685,6
3(11) (a) Any declination of a settlement offer shall, except as provided in par.
4(b), be in writing, be promptly delivered to the offeror or the offeror's attorney, and
5include the signature of the offeree and, if the offeree is represented by an attorney,
6the offeree's attorney.
SB30,685,97
(b) If a settlement offer is not accepted or declined in accordance with this
8section prior to a hearing or within 10 days after it is served, whichever occurs first,
9the offer shall expire and be deemed declined.
SB30,685,17
10(12) (a) If a respondent's settlement offer is not accepted and the complainant
11fails to obtain a more favorable award, the complainant shall not recover any
12post-offer costs and shall pay the respondent's post-offer costs from the date of the
13offer. In addition, the complainant shall be required to pay a reasonable sum to cover
14the costs of services of any expert witness who is not a regular employee of any party
15that are actually incurred and reasonably necessary in preparation for the hearing
16or during the hearing. This subsection supersedes any statute awarding post-offer
17costs and fees to a prevailing complainant.
SB30,685,2218
(b) If a respondent's settlement offer is not accepted and the complainant fails
19to obtain a more favorable award, the amounts under par. (a) shall be deducted from
20any award made in favor of the complainant. If the post-offer costs of the respondent
21exceed the amount awarded to the complainant, the net amount shall be awarded to
22the respondent and the award shall be entered accordingly.
SB30,685,24
23(13) If a complainant's settlement offer is not accepted and the complainant
24obtains a more favorable award, the department shall do all of the following:
SB30,685,2525
(a) Award prejudgment interest on the final award from the date of the offer.
SB30,686,4
1(b) Require the respondent to pay a reasonable sum to cover the costs of services
2of any expert witness who is not a regular employee of any party that are actually
3incurred and reasonably necessary in preparation for the hearing or during the
4hearing, in addition to the complainant's costs.
SB30,686,11
5(14) (a) After the department makes an order under s. 111.39 (4) (c), either
6party may make a subsequent motion to introduce evidence of a valid settlement
7offer made under this section that was declined. The motion shall be made within
810 business days after the date of the award and shall identify the parties in the offer,
9who made the offer, the amount of the offer, the date of the offer, and the date it was
10declined. The motion shall also identify the effect the declined offer has on the final
11award and how the department should proceed.
SB30,686,1312
(b) A nonmoving party may file a response to a motion under par. (a) within 5
13business days after the movant files the motion.
SB30,686,16
14(15) Police officers shall be permitted to testify as expert witnesses for the
15purposes of this section. For purposes of this section, “complainant” includes a
16cross-complainant and “respondent” includes a cross-respondent.
SB30,1460
17Section 1460
. 111.395 of the statutes is amended to read:
SB30,686,25
18111.395 Judicial review. Findings and orders of the
commission 19administrator under this subchapter are subject to
judicial review under ch. 227.
20Orders of the commission shall have the same force as orders of the department
21under chs. 103 to 106 and may be enforced as provided in s. 103.005 (11) and (12) or
22specifically by a suit in equity. In any enforcement action the merits of any order of
23the commission are not subject to judicial review. Upon such review, or in any
24enforcement action, the department of justice shall represent the
commission 25department.
SB30,1461
1Section
1461. 115.001 (3m) of the statutes is amended to read:
SB30,687,72
115.001
(3m) Interim session. “Interim session" means a period of time in a
3school year when school is held by a school in a school district to provide hours of
4direct pupil instruction in addition to
the hours of direct pupil instruction provided
5by the school district as required under s. 121.02 (1) (f) providing 437 hours of direct
6pupil instruction in kindergarten, 1,050 hours of direct pupil instruction in grades
71 to 6, and 1,137 hours of direct pupil instruction in grades 7 to 12.
SB30,1462
8Section 1462
. 115.28 (7) (g) of the statutes is amended to read:
SB30,687,149
115.28
(7) (g) Notwithstanding s. 118.19 (3), (4m), (6) to (9), and (12) to (14),
10grant a charter school teaching license to any person who has a bachelor's degree and
11demonstrates, based upon criteria established by the department, that the person
12is proficient in the subject or subjects that he or she intends to teach. The license
13authorizes the person to teach that subject or those subjects in a charter school.
The
14license is valid for 3 years and is renewable for 3-year periods.
SB30,1463
15Section 1463
. 115.28 (7) (gm) of the statutes is amended to read:
SB30,687,2216
115.28
(7) (gm) Notwithstanding s. 118.19 (8), (9), and (11), grant an initial
17charter school principal license to any person who is licensed, or otherwise
18credentialed, to be a school principal in another state if the person holds the license
19or other credential in good standing, has completed at least 3 years of full-time
20classroom teaching, and is eligible for licensure under s. 118.19 (4) and (10). The
21license authorizes the person to be a principal of a charter school.
The license is valid
22for 5 years and is renewable for 5-year periods.
SB30,1464
23Section 1464
. 115.28 (45) of the statutes is created to read:
SB30,688,224
115.28
(45) Grants for bullying prevention. From the appropriation under
25s. 20.255 (3) (eb), award grants to a nonprofit organization, as defined in s. 108.02
1(19), to provide training and an online bullying prevention curriculum for pupils in
2grades kindergarten to 8.
SB30,1465
3Section 1465
. 115.28 (54m) of the statutes is amended to read:
SB30,688,114
115.28
(54m) Notice of educational options. Include on the home page of the
5department's Internet site a link to information about all of the educational options
6available to children in the state who are at least 3 years old but not yet 18 years old,
7including public schools, private schools participating in a parental choice program,
8charter schools, virtual schools, full-time
or part-time open enrollment
, youth
9options, course options in a nonresident school district, the early college credit
10program, and options for pupils enrolled in a home-based private educational
11program.
SB30,1466
12Section 1466
. 115.28 (59) (am) of the statutes is created to read:
SB30,688,2313
115.28
(59) (am) Work with the department of children and families to develop
14success sequence-related instruction and materials to be incorporated into the
15academic and career planning services provided to pupils under par. (a), and ensure
16that, beginning in the 2019-20 school year, every school board incorporates the
17success sequence information in its academic and career planning services. The
18department of children and families shall approve any instruction and materials
19developed under this paragraph before the instruction and materials are provided
20to pupils. In this paragraph, success sequence refers to the idea that economic
21success is more likely if an individual follows 3 norms: graduating high school;
22maintaining a full-time job or having a partner who does; and having children while
23married and after age 21, if the decision is made to become parents.
SB30,1467
24Section 1467
. 115.28 (59) (d) of the statutes is amended to read:
SB30,689,2
1115.28
(59) (d)
Promulgate Subject to par. (am), promulgate rules to implement
2this subsection.
SB30,1468
3Section 1468
. 115.28 (63) of the statutes is created to read: