106.19(2)(a) (a) The overpayment was not the fault of the person who received it.
106.19(2)(b) (b) Requiring repayment would be contrary to equity and good conscience.
106.19(3) (3) The department shall do all of the following:
106.19(3)(a) (a) Notify all of the following persons of the waiver policy and the person's right to request a waiver:
106.19(3)(a)1. 1. A person from whom the department attempts to recover an overpayment made under 19 USC 2272 to 2318.
106.19(3)(a)2. 2. A person from whom the department is in the process of recovering an overpayment made under 19 USC 2272 to 2318.
106.19(3)(b) (b) Comply with the guidelines issued by the U.S. secretary of labor under 19 USC 2315 in connection with the waiver policy.
106.19(3)(c) (c) Establish the waiver policy by rule, using the procedure under s. 227.24.
106.19 History History: 1989 a. 31; 1995 a. 27 s. 3719; Stats. 1995 s. 106.19.
106.19 Cross-reference Cross Reference: See also ch. DWD 135, Wis. adm. code.
106.20 106.20 Pilot Wisconsin job opportunity business subsidy program.
106.20(1)(1)Definitions. In this section:
106.20(1)(a) (a) "Business" means any person engaged in a business enterprise for profit in this state.
106.20(1)(c) (c) "Eligible job applicant" means an individual who the department determines meets the requirements of s. 101.35 (9), 1991 stats.
106.20(1)(cm) (cm) "Eligible unit of government" means a county described in s. 101.35 (2) (a), 1991 stats., or designated under s. 101.35 (2) (b), 1991 stats., or a unit of government designated under s. 101.35 (2) (d), 1991 stats.
106.20(1)(d) (d) "Local service agency" means an organization designated under s. 101.35 (3), 1991 stats.
106.20(1)(e) (e) "Minority business" has the meaning given in s. 560.036 (1) (e).
106.20(1)(f) (f) "Small business" has the meaning given in s. 227.485 (2) (c).
106.20(1)(g) (g) "Urban county" means a county located in a federal standard metropolitan statistical area.
106.20(1)(h) (h) "Wisconsin job opportunity business subsidy program" means the program administered under this section.
106.20(11) (11)Repayment.
106.20(11)(a)(a) If an eligible job applicant leaves the employ of a business that received funds to subsidize the wages of the eligible job applicant under s. 101.35 (5), 1991 stats., the business shall repay the following percentage of the funds:
106.20(11)(a)1. 1. If the eligible job applicant leaves while the position is subsidized, 70%.
106.20(11)(a)2. 2. If the eligible job applicant leaves less than 12 months after the subsidy ended, a percentage between 70% and 0%, decreasing proportionally to 0% 12 months after the subsidy has ended.
106.20(11)(a)3. 3. If the eligible job applicant leaves 12 months or more after the subsidy ended, 0%.
106.20(11)(b) (b) A business need not repay funds under par. (a) if the business replaces the departing eligible job applicant with another eligible job applicant who remains employed with the business for at least 12 months after the subsidy paid to the departing eligible job applicant would have ended.
106.20(11)(c) (c) The secretary may waive all or part of a repayment required under par. (a) if the secretary determines that waiving the repayment is in the best interests of the state.
106.20(11)(d) (d) The local service agency shall use the amounts repaid under this subsection for additional wage subsidies.
106.20(13) (13)Final report. On or before September 1, 1993, the department shall submit a final report concerning the Wisconsin job opportunity business subsidy program to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2). The report shall include all of the following information for the period covered by the report:
106.20(13)(a) (a) The average wage paid to an eligible job applicant at the following times:
106.20(13)(a)1. 1. When hired.
106.20(13)(a)2. 2. Sixty days after the subsidy for the eligible job applicant ends.
106.20(13)(a)3. 3. Fourteen months after the subsidy for the eligible job applicant ends.
106.20(13)(b) (b) The number of qualified businesses and eligible job applicants that participated in each eligible unit of government.
106.20(13)(c) (c) The age, education level, family status, gender, race and work experience of each eligible job applicant.
106.20(13)(d) (d) The number of eligible job applicants who met the criteria in s. 101.35 (10) (b), 1991 stats., and in s. 101.35 (10) (c), 1991 stats., as affected by 1993 Wisconsin Act 16.
106.20(13)(e) (e) Any other information the department considers relevant.
106.20 History History: 1987 a. 399; 1989 a. 31, 336; 1991 a. 32, 39, 315; 1993 a. 16, 213, 243, 491; 1995 a. 27 s. 3720; Stats. 1995 s. 106.20.
106.25 106.25 Public insurrection; death and disability benefits.
106.25(1)(1)Definitions. In this section:
106.25(1)(a) (a) "Public insurrection" means a civil disturbance in which a group or groups of persons are simultaneously engaged in acts of violence against persons or property by the illegal use of weapons, by burning, pillaging or looting or by committing any other illegal acts, and which is of such a magnitude as to result in any of the following:
106.25(1)(a)1. 1. Extraordinary utilization of off-duty local law enforcement personnel.
106.25(1)(a)2. 2. Declaration of a public emergency by the governor.
106.25(1)(a)3. 3. The calling of the national guard or other troops.
106.25(2) (2)Death and disability benefits. If the department finds that the injury or death of a state or local government officer or employee arose out of the performance of duties in connection with a public insurrection, and finds that death or disability benefits are payable under ch. 102, a supplemental award equal to the amount of the benefits, other than medical expense, payable under ch. 102 shall be made to the persons and in the same manner provided by ch. 102, except that when benefits are payable under s. 102.49, a supplemental award equal to one-half the benefits payable under that section shall be made.
106.25(3) (3)Payments. All payments under this section shall be made from the general fund.
106.25(4) (4)Benefits additional to all others. Death and disability benefits under this section are in addition to all other benefits provided by state law or by action of any municipality or public agency.
106.25 History History: 1971 c. 40; 1975 c. 199; 1975 c. 404 s. 7; 1975 c. 405 s. 7; Stats. 1975 s. 101.47; 1977 c. 29 s. 1651; 1995 a. 27 s. 3726; Stats. 1995 s. 106.25; 1995 a. 225.
106.26 106.26 Employment transit assistance program.
106.26(1)(1)Findings and purpose. The legislature finds that, for many workers and persons seeking employment in outlying suburban and sparsely populated and developed areas, conventional, fixed-route mass transit systems do not provide adequate transportation service. The purpose of the employment transit assistance program under this section is to correct this deficiency in access to employment locations and to stimulate the development of innovative transit service methods.
106.26(2) (2)Definitions. In this section:
106.26(2)(a) (a) "Eligible applicant" means a local public body or a private organization.
106.26(2)(b) (b) "Local public body" has the meaning given in s. 85.20 (1) (d).
106.26(2)(c) (c) "Mass transit system" has the meaning given in s. 85.20 (1) (e).
106.26(2)(d) (d) "Project" means a project designed to improve access to jobs, including part-time jobs and Wisconsin works employment positions, as defined in s. 49.141 (1) (r), located in outlying suburban and sparsely populated and developed areas that are not adequately served by a mass transit system and to develop innovative transit service methods.
106.26(3) (3)Administration. The department shall administer the employment transit assistance program and shall have all powers necessary and convenient to implement this section, including the following:
106.26(3)(a) (a) To conduct a project.
106.26(3)(b) (b) To make and execute contracts with eligible applicants.
106.26(3)(c) (c) To make grants to eligible applicants to conduct projects or to match a federal grant awarded to an eligible applicant to conduct a project. Grants by the department are subject to all of the following requirements:
106.26(3)(c)1. 1. A grant may not exceed 80% of the total cost of a project.
106.26(3)(c)2. 2. A grant may only be made to an eligible applicant that provides access to nontemporary employment or to Wisconsin works employment positions, as defined in s. 49.141 (1) (r).
106.26(3)(d) (d) To receive and review applications from eligible applicants for grants under this section and to prescribe the form, nature and extent of information that shall be included in applications.
106.26(3)(e) (e) To establish criteria for evaluating applications for grants under this section.
106.26 History History: 1989 a. 31; 1995 a. 27 s. 3526m; Stats. 1995 s. 106.26; 1997 a. 27; 2003 a. 33.
subch. III of ch. 106 SUBCHAPTER III
EQUAL RIGHTS PROGRAMS
106.50 106.50 Open housing.
106.50(1)(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, 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 which 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 deemed 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.
106.50(1m) (1m)Definitions. In this section:
106.50(1m)(ad) (ad) "Advertise" means to publish, circulate, issue or display, or cause to be published, circulated, issued or displayed, any communication, notice, advertisement or sign in connection with the sale, financing or rental of housing.
106.50(1m)(am) (am) "Age", in reference to a member of a protected class, means at least 18 years of age.
106.50(1m)(b) (b) "Aggrieved person" means a person who claims to have been injured by discrimination in housing or believes that he or she will be injured by discrimination in housing that is about to occur.
106.50(1m)(c) (c) "Complainant" means a person who files a complaint alleging discrimination in housing.
106.50(1m)(d) (d) "Conciliation" means the attempted resolution of issues raised by a complaint or by the investigation of the complaint, through informal negotiations involving the aggrieved person, the complainant, the respondent and the department.
106.50(1m)(e) (e) "Condominium" has the meaning given in s. 703.02 (4).
106.50(1m)(f) (f) "Condominium association" means an association, as defined in s. 703.02 (1m).
106.50(1m)(g) (g) "Disability" means a physical or mental impairment that substantially limits one or more major life activities, a record of having such an impairment or being regarded as having such an impairment. "Disability" does not include the current illegal use of a controlled substance, as defined in s. 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m), unless the individual is participating in a supervised drug rehabilitation program.
106.50(1m)(h) (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, lawful source of income, age or ancestry.
106.50(1m)(i) (i) "Dwelling unit" means a structure or that part of a structure that is used or intended to be used as a home, residence or sleeping place by one person or by 2 or more persons who are maintaining a common household, to the exclusion of all others.
106.50(1m)(j) (j) "Family" includes one natural person.
106.50(1m)(k) (k) "Family status" means any of the following conditions that apply to a person seeking to rent or purchase housing or to a member or prospective member of the person's household regardless of the person's marital status:
106.50(1m)(k)1. 1. A person is pregnant.
106.50(1m)(k)2. 2. A person is in the process of securing sole or joint legal custody, periods of physical placement or visitation rights of a minor child.
106.50(1m)(k)3. 3. A person's household includes one or more minor or adult relatives.
106.50(1m)(k)4. 4. A person's household includes one or more adults or minor children in his or her legal custody or physical placement or with whom he or she has visitation rights.
106.50(1m)(k)5. 5. A person's household includes one or more adults or minor children placed in his or her care under a court order, under a guardianship or with the written permission of a parent or other person having legal custody of the adult or minor child.
106.50(1m)(km) (km) "Hardship condition" means a situation under which a tenant in housing for older persons has legal custody or physical placement of a minor child or a minor child is placed in the tenant's care under a court order, under a guardianship or with the written permission of a parent or other person having legal custody of the minor child.
106.50(1m)(L) (L) "Housing" means any improved property, or any portion thereof, including a mobile home as defined in s. 101.91 (10), manufactured home, as defined in s. 101.91 (2), or condominium, that is used or occupied, or is intended, arranged or designed to be used or occupied, as a home or residence. "Housing" includes any vacant land that is offered for sale or rent for the construction or location thereon of any building, structure or portion thereof that is used or occupied, or is intended, arranged or designed to be used or occupied, as a home or residence.
106.50(1m)(m) (m) "Housing for older persons" means any of the following:
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