SB70: Bill Text

SB70,1113,20 (b) During the 2023-25 fiscal biennium, of the moneys in the appropriation under s. 20.445 (1) (cm), the department shall allocate $2,500,000 in each fiscal year of the 2023-25 fiscal biennium for establishing and administering the program under par. (a).

SB70,1113,25 (3) Worker advancement initiative; local CDL training grants. The department shall, from the appropriation under s. 20.445 (1) (cm), make grants to local workforce development boards established under 29 USC 3122 to provide sector-based training programs related to increasing the number of individuals obtaining commercial driver licenses, as defined in s. 340.01 (7m).

SB70,1114,6 (4) Worker advancement initiative; ROBUST program. (a) The department shall, from the appropriation under s. 20.445 (1) (cm), establish and administer a program for reengaging out-of-work, barriered, and underserved individuals through system transformation. Through the program, the department shall find methods to more effectively reach and serve population groups that are underserved and disconnected from the labor force.

SB70,1114,9 (b) During the 2023-25 fiscal biennium, of the moneys in the appropriation under s. 20.445 (1) (cm), the department shall allocate $4,500,000 in fiscal year 2023-24 for establishing and administering the program under par. (a).

SB70,1114,13 (5) Implementation. (a) Duties. To implement this section, the department shall receive and review applications for grants under subs. (2) and (3) and prescribe the form, nature, and extent of the information that must be contained in an application for a grant under sub. (2) or (3).

SB70,1114,16 (b) Powers. In addition to the duties described in par. (a), the department shall have all other powers necessary and convenient to implement this section, including the power to audit and inspect the records of grant recipients.

SB70,1878 Section 1878. 106.27 (title) of the statutes is amended to read:

SB70,1114,18 106.27 (title) Workforce training program programs.

SB70,1879 Section 1879. 106.27 (1p) of the statutes is created to read:

SB70,1114,22 106.27 (1p) Wisconsin green jobs training program. (a) In this subsection, “green jobs” means jobs that produce goods or provide services that benefit the environment or conserve natural resources.

SB70,1115,2 (b) From the appropriation under s. 20.445 (1) (bp), the department shall award grants to public or private organizations for the development and implementation of green jobs training programs 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.

SB70,1880 Section 1880. 106.27 (2g) (a) 1. of the statutes is amended to read:

SB70,1115,6 106.27 (2g) (a) 1. Promulgate rules prescribing procedures and criteria for awarding grants under sub subs. (1) and (1p) and the information with respect to those grants that must be contained in the reports required under subd. 3.

SB70,1881 Section 1881. 106.27 (2g) (a) 2. of the statutes is amended to read:

SB70,1115,11 106.27 (2g) (a) 2. Receive and review applications for grants under subs. (1), (1g), and (1j) (am), and (1p) and prescribe the form, nature, and extent of the information that must be contained in an application for a grant under sub. subs. (1), (1g), or (1j) (am), and (1p).

SB70,1882 Section 1882. 106.28 of the statutes is created to read:

SB70,1115,17 106.28 Clean energy training and reemployment program. The department shall, from the appropriation under s. 20.445 (1) (bq), establish and administer a clean energy training and reemployment program to connect workers with employers and use other apprenticeship and technical college programs to deliver training for clean energy jobs.

SB70,1883 Section 1883. 106.29 of the statutes is created to read:

SB70,1115,23 106.29 Workforce innovation grant program. (1) Workforce innovation grants. The department shall, from the appropriation under s. 20.445 (1) (bw), establish and operate a program to provide grants to regional organizations to design and implement plans to address their region's workforce challenges that arose during or were exacerbated by the COVID-19 pandemic.

SB70,1116,2 (2) Implementation. (a) Duties. To implement this section, the department shall receive and review applications for grants under sub. (1) and prescribe the form, nature, and extent of the information that must be contained in an application for a grant under sub. (1).

SB70,1116,5 (b) Powers. In addition to the duties described in par. (a), the department shall have all other powers necessary and convenient to implement this section, including the power to audit and inspect the records of grant recipients.

SB70,1884 Section 1884 . 106.30 (1) of the statutes is amended to read:

SB70,1116,11 106.30 (1) Definition. In this section, “nurse" means a registered nurse licensed under s. 441.06 or permitted under s. 441.08, a licensed practical nurse licensed or permitted under s. 441.10, or an advanced practice registered nurse prescriber certified under s. 441.16 (2), or a nurse-midwife licensed under s. 441.15 441.09.

SB70,1885 Section 1885. 106.30 (2) of the statutes is amended to read:

SB70,1116,19 106.30 (2) Survey form. Each odd-numbered year Biennially, the department of workforce development shall develop and submit to the department of safety and professional services a survey form to gather data under s. 441.01 (7) (a) 1. to assist the department of workforce development in evaluating the supply of, demand for, and turnover among nurses in this state and in determining whether there are any regional shortages of nurses, shortages of nurses in any speciality areas, or impediments to entering the nursing profession in this state.

SB70,1886 Section 1886 . 106.50 (1) of the statutes is amended to read:

SB70,1117,10 106.50 (1) Intent. It is the intent of this section to render unlawful discrimination in housing. It is the declared policy of this state that all persons shall have an equal opportunity for housing regardless of sex, race, color, sexual orientation, disability, religion, national origin, marital status, family status, status as a holder or nonholder of a license under s. 343.03 (3r), status as a victim of domestic abuse, sexual assault, or stalking, lawful source of income, age, or ancestry and it is the duty of the political subdivisions to assist in the orderly prevention or removal of all discrimination in housing through the powers granted under ss. 66.0125 and 66.1011. The legislature hereby extends the state law governing equal housing opportunities to cover single-family residences that are owner-occupied. The legislature finds that the sale and rental of single-family residences constitute a significant portion of the housing business in this state and should be regulated. This section shall be considered an exercise of the police powers of the state for the protection of the welfare, health, peace, dignity, and human rights of the people of this state.

SB70,1887 Section 1887 . 106.50 (1m) (h) of the statutes is amended to read:

SB70,1117,17 106.50 (1m) (h) “Discriminate" means to segregate, separate, exclude, or treat a person or class of persons unequally in a manner described in sub. (2), (2m), or (2r) because of sex, race, color, sexual orientation, disability, religion, national origin, marital status, family status, status as a holder or nonholder of a license under s. 343.03 (3r), status as a victim of domestic abuse, sexual assault, or stalking, lawful source of income, age, or ancestry.

SB70,1888 Section 1888 . 106.50 (1m) (nm) of the statutes is amended to read:

SB70,1117,23 106.50 (1m) (nm) “Member of a protected class" means a group of natural persons, or a natural person, who may be categorized because of sex, race, color, disability, sexual orientation, religion, national origin, marital status, family status, status as a holder or nonholder of a license under s. 343.03 (3r), status as a victim of domestic abuse, sexual abuse, or stalking, lawful source of income, age, or ancestry.

SB70,1889 Section 1889 . 106.50 (5m) (f) 1. of the statutes is amended to read:

SB70,1118,6 106.50 (5m) (f) 1. Nothing in this section prohibits an owner or agent from requiring that a person who seeks to buy or rent housing supply information concerning family status, and marital, financial, and business status but not concerning race, color, disability, sexual orientation, ancestry, national origin, religion, creed, status as a holder or nonholder of a license under s. 343.03 (3r), status as a victim of domestic abuse, sexual assault, or stalking, or, subject to subd. 2., age.

SB70,1890 Section 1890 . 106.52 (3) (a) 1. of the statutes is amended to read:

SB70,1118,12 106.52 (3) (a) 1. Deny to another or charge another a higher price than the regular rate for the full and equal enjoyment of any public place of accommodation or amusement because of sex, race, color, creed, disability, sexual orientation, national origin, or ancestry or because a person holds or does not hold a license under s. 343.03 (3r).

SB70,1891 Section 1891 . 106.52 (3) (a) 2. of the statutes is amended to read:

SB70,1118,17 106.52 (3) (a) 2. Give preferential treatment to some classes of persons in providing services or facilities in any public place of accommodation or amusement because of sex, race, color, creed, sexual orientation, national origin , or ancestry or because a person holds or does not hold a license under s. 343.03 (3r).

SB70,1892 Section 1892 . 106.52 (3) (a) 3. of the statutes is amended to read:

SB70,1118,25 106.52 (3) (a) 3. Directly or indirectly publish, circulate, display or mail any written communication which the communicator knows is to the effect that any of the facilities of any public place of accommodation or amusement will be denied to any person by reason of sex, race, color, creed, disability, sexual orientation, national origin, or ancestry or because a person holds or does not hold a license under s. 343.03 (3r) or that the patronage of a person is unwelcome, objectionable or unacceptable for any of those reasons.

SB70,1893 Section 1893. 106.52 (3) (a) 4. of the statutes is amended to read:

SB70,1119,4 106.52 (3) (a) 4. Refuse to furnish or charge another a higher rate for any automobile insurance because of race, color, creed, disability, national origin, or ancestry or because a person holds or does not hold a license under s. 343.03 (3r).

SB70,1894 Section 1894 . 106.52 (3) (a) 5. of the statutes is amended to read:

SB70,1119,10 106.52 (3) (a) 5. Refuse to rent, charge a higher price than the regular rate or give preferential treatment, because of sex, race, color, creed, sexual orientation, national origin, or ancestry or because a person holds or does not hold a license under s. 343.03 (3r), regarding the use of any private facilities commonly rented to the public.

SB70,1895 Section 1895. 106.54 (11) of the statutes is created to read:

SB70,1119,14 106.54 (11) The division shall receive complaints under s. 103.135 (1) (a) and (2) (a) to (c) and shall process the complaints in the same manner that employment discrimination complaints are processed under s. 111.39.

SB70,1896 Section 1896 . 108.02 (18r) of the statutes is created to read:

SB70,1119,16 108.02 (18r) Marijuana. “Marijuana” has the meaning given in s. 111.32 (11m).

SB70,1897 Section 1897. 108.04 (2) (h) of the statutes is amended to read:

SB70,1119,24 108.04 (2) (h) A claimant shall, when the claimant first files a claim for benefits under this chapter and during each subsequent week the claimant files for benefits under this chapter, inform the department whether he or she is receiving social security disability insurance payments, as defined in sub. (12) (f) 2m s. 108.05 (7m) (b). If the claimant is receiving social security disability insurance payments, the claimant shall, in the manner prescribed by the department, report to the department the amount of the social security disability insurance payments.

SB70,1898 Section 1898 . 108.04 (5m) of the statutes is created to read:

SB70,1120,5 108.04 (5m) Discharge for use of marijuana. (a) Notwithstanding sub. (5), “misconduct," for purposes of sub. (5), does not include the employee's use of marijuana off the employer's premises during nonworking hours or a violation of the employer's policy concerning such use, unless termination of the employee because of that use is permitted under s. 111.35.

SB70,1120,9 (b) Notwithstanding sub. (5g), “substantial fault," for purposes of sub. (5g), does not include the employee's use of marijuana off the employer's premises during nonworking hours or a violation of the employer's policy concerning such use, unless termination of the employee because of that use is permitted under s. 111.35.

SB70,1899 Section 1899. 108.04 (12) (f) 1m. and 2m. of the statutes are renumbered 108.05 (7m) (a) and (b) and amended to read:

SB70,1120,14 108.05 (7m) (a) The intent of the legislature in enacting this paragraph subsection is to prevent the payment of duplicative government benefits for the replacement of lost earnings or income, regardless of an individual's ability to work.

SB70,1120,17 (b) In this paragraph subsection, “ social security disability insurance payment" means a payment of social security disability insurance benefits under 42 USC ch. 7 subch. II.

SB70,1900 Section 1900. 108.04 (12) (f) 3. of the statutes is repealed.

SB70,1901 Section 1901. 108.04 (12) (f) 4. of the statutes is renumbered 108.05 (7m) (e).

SB70,1902 Section 1902. 108.05 (7m) (title), (c) and (d) of the statutes are created to read:

SB70,1120,21 108.05 (7m) (title) Social security disability insurance payments.

SB70,1121,2 (c) If a monthly social security disability insurance payment is issued to a claimant, the department shall reduce benefits otherwise payable to the claimant for a given week in accordance with par. (d). This subsection does not apply to a lump sum social security disability insurance payment in the nature of a retroactive payment or back pay.

SB70,1121,5 (d) The department shall allocate a monthly social security disability insurance payment by allocating to each week the fraction of the payment attributable to that week.

SB70,1903 Section 1903. 108.05 (9) of the statutes is amended to read:

SB70,1121,10 108.05 (9) Rounding of benefit amounts. Notwithstanding sub. (1), benefits payable for a week of unemployment as a result of applying sub. (1m), (3) or, (7), or (7m) or s. 108.04 (11) or (12), 108.06 (1), 108.13 (4) or (5) or 108.135 shall be rounded down to the next lowest dollar.

SB70,1904 Section 1904. 108.05 (10) (intro.) of the statutes is amended to read:

SB70,1121,15 108.05 (10) Deductions from benefit payments. (intro.) After calculating the benefit payment due to be paid for a week under subs. (1) to (7) (7m), the department shall make deductions from that payment to the extent that the payment is sufficient to make the following payments in the following order:

SB70,1905 Section 1905 . 108.221 (1) (a) of the statutes is renumbered 108.221 (1) (a) (intro.) and amended to read:

SB70,1121,23 108.221 (1) (a) (intro.) Any employer described in s. 108.18 (2) (c) or engaged in the painting or drywall finishing of buildings or other structures who knowingly and intentionally provides false information to the department for the purpose of misclassifying or attempting to misclassify an individual who is an employee of the employer as a nonemployee shall, for each incident, be assessed a penalty by the department as follows:

SB70,1122,3 1. For each act occurring before the date of the first determination of a violation of this subsection, the employer shall be assessed a penalty in the amount of $500 for each employee who is misclassified, but not to exceed $7,500 per incident.

SB70,1906 Section 1906 . 108.221 (1) (a) 2. of the statutes is created to read:

SB70,1122,7 108.221 (1) (a) 2. For each act occurring after the date of the first determination of a violation of this subsection, the employer shall be assessed a penalty in the amount of $1,000 for each employee who is misclassified.

SB70,1907 Section 1907 . 108.221 (2) of the statutes is renumbered 108.221 (2) (intro.) and amended to read:

SB70,1122,13 108.221 (2) (intro.) Any employer described in s. 108.18 (2) (c) or engaged in the painting or drywall finishing of buildings or other structures who, through coercion, requires an individual to adopt the status of a nonemployee shall be assessed a penalty by the department as follows:

SB70,1122,16 (a) For each act occurring before the date of the first determination of a violation of this subsection, the employer shall be assessed a penalty in the amount of $1,000 for each individual so coerced, but not to exceed $10,000 per calendar year.

SB70,1908 Section 1908 . 108.221 (2) (b) of the statutes is created to read:

SB70,1122,20 108.221 (2) (b) For each act occurring after the date of the first determination of a violation of this subsection, the employer shall be assessed a penalty in the amount of $2,000 for each individual so coerced.

SB70,1909 Section 1909. 108.24 (2m) of the statutes is amended to read:

SB70,1123,9 108.24 (2m) Any employer described in s. 108.18 (2) (c) or engaged in the painting or drywall finishing of buildings or other structures who, after having previously been assessed an administrative penalty by the department under s. 108.221 (1), knowingly and intentionally provides false information to the department for the purpose of misclassifying or attempting to misclassify an individual who is an employee of the employer as a nonemployee shall be fined $1,000 for each employee who is misclassified, subject to a maximum fine of $25,000 for each violation. The department may, regardless of whether an employer has been subject to any administrative assessment under s. 108.221 or any other penalty or assessment under this chapter, refer violations of this subsection for prosecution by the department of justice or the district attorney for the county in which the violation occurred.

SB70,1910 Section 1910. 109.03 (1) (b) of the statutes is amended to read:

SB70,1123,15 109.03 (1) (b) School district employees, cooperative educational service agency employees, and private school employees who voluntarily request payment over a 12-month period for personal services performed during the school year, unless, with respect to private school employees, the employees are covered under a valid collective bargaining agreement which precludes this method of payment.

SB70,1911 Section 1911 . 109.09 (1) of the statutes is amended to read:

SB70,1124,13 109.09 (1) The department shall investigate and attempt equitably to adjust controversies between employers and employees as to regarding alleged wage claims. The department may receive and investigate any wage claim that is filed with the department, or received by the department under s. 109.10 (4), no later than 2 years after the date the wages are due. The department may, after receiving a wage claim, investigate any wages due from the employer against whom the claim is filed to any employee during the period commencing 2 years before the date the claim is filed. The department shall enforce this chapter and s. ss. 66.0903, 2013 stats., s. 103.49, 2013 stats., s. 229.8275, 2013 stats., and s. 16.856, 2015 stats., and ss. 103.02, 103.49, 103.82, and 104.12, and 229.8275. In pursuance of this duty, the department may sue the employer on behalf of the employee to collect any wage claim or wage deficiency and ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions under s. 109.10, the department may refer such an action to the district attorney of the county in which the violation occurs for prosecution and collection and the district attorney shall commence an action in the circuit court having appropriate jurisdiction. Any number of wage claims or wage deficiencies against the same employer may be joined in a single proceeding, but the court may order separate trials or hearings. In actions that are referred to a district attorney under this subsection, any taxable costs recovered by the district attorney shall be paid into the general fund of the county in which the violation occurs and used by that county to meet its financial responsibility under s. 978.13 (2) (b) for the operation of the office of the district attorney who prosecuted the action.

SB70,1912 Section 1912. 109.09 (3) of the statutes is repealed.

SB70,1913 Section 1913. 110.07 (1) (a) (intro.) of the statutes is amended to read:

SB70,1124,22 110.07 (1) (a) (intro.) The secretary shall employ not more than 399 434 traffic officers. The state traffic patrol consists of the traffic officers, the person designated to head them whose position shall be in the classified service and, if certified under s. 165.85 (4) (a) 1. as qualified to be a law enforcement officer, the division administrator who is counted under s. 230.08 (2) (e) 12. and whose duties include supervising the state traffic patrol. The division administrator may not be counted under this paragraph. Members of the state traffic patrol shall:

SB70,1914 Section 1914 . 111.01 of the statutes is created to read:

SB70,1125,3 111.01 Declaration of policy. The public policy of the state as to employment relations and collective bargaining, in the furtherance of which this subchapter is enacted, is declared to be as follows:

SB70,1125,7 (1) It recognizes that there are 3 major interests involved, namely: the public, the employee, and the employer. These 3 interests are to a considerable extent interrelated. It is the policy of the state to protect and promote each of these interests with due regard to the situation and to the rights of the others.

SB70,1125,21 (2) Industrial peace, regular and adequate income for the employee, and uninterrupted production of goods and services are promotive of all of these interests. They are largely dependent upon the maintenance of fair, friendly, and mutually satisfactory employment relations and the availability of suitable machinery for the peaceful adjustment of whatever controversies may arise. It is recognized that certain employers, including farmers, farmer cooperatives, and unincorporated farmer cooperative associations, in addition to their general employer problems, face special problems arising from perishable commodities and seasonal production that require adequate consideration. It is also recognized that whatever may be the rights of disputants with respect to each other in any controversy regarding employment relations, they should not be permitted, in the conduct of their controversy, to intrude directly into the primary rights of 3rd parties to earn a livelihood, transact business, and engage in the ordinary affairs of life by any lawful means and free from molestation, interference, restraint, or coercion.

SB70,1126,2 (3) Negotiations of terms and conditions of work should result from voluntary agreement between employer and employee. For the purpose of such negotiation an employee has the right, if the employee desires, to associate with others in organizing and bargaining collectively through representatives of the employee's own choosing, without intimidation or coercion from any source.