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LRBb0768/1
ALL:all
2017 - 2018 LEGISLATURE
ASSEMBLY AMENDMENT 3,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 64
September 13, 2017 - Offered by Representatives Sinicki, Hintz, Shankland,
Barca, Anderson, Berceau, Billings, Bowen, Brostoff, Considine, Crowley,
Doyle, Fields, Genrich, Goyke, Hebl, Hesselbein, Kessler, Kolste, Mason,
Meyers, Milroy, Ohnstad, Pope, Riemer, Sargent, Spreitzer, Stuck, Subeck,
C. Taylor, Vruwink, Wachs, Young, Zamarripa and Zepnick.
AB64-ASA1-AA3,1,11 At the locations indicated, amend the substitute amendment as follows:
AB64-ASA1-AA3,1,2 21. Page 10, line 25: after that line insert:
AB64-ASA1-AA3,1,3 3 Section 8r. 13.94 (1) (dk) of the statutes is created to read:
AB64-ASA1-AA3,1,64 13.94 (1) (dk) Biennially, beginning in 2017, conduct a financial and
5performance evaluation audit of the enterprise resource planning system
6maintained under s. 16.971 (2) (cf).”.
AB64-ASA1-AA3,1,7 72. Page 11, line 4: after that line insert:
AB64-ASA1-AA3,1,8 8 Section 8t. 13.94 (1s) (c) 6. of the statutes is amended to read:
AB64-ASA1-AA3,1,109 13.94 (1s) (c) 6. The department of administration for the cost of the audit
10audits under sub. (1) (dk) and (dL).”.
AB64-ASA1-AA3,1,11 113. Page 422, line 5: delete lines 5 to 12.
AB64-ASA1-AA3,2,2
14. Page 423, line 18: delete the material beginning with that line and ending
2with page 424, line 11.
AB64-ASA1-AA3,2,4 35. Page 424, line 22: delete the material beginning with that line and ending
4with page 427, line 23.
AB64-ASA1-AA3,2,5 56. Page 563, line 3: delete lines 3 to 14.
AB64-ASA1-AA3,2,7 67. Page 585, line 22: delete the material beginning with that line and ending
7with page 586, line 4.
AB64-ASA1-AA3,2,8 88. Page 598, line 21: after that line insert:
AB64-ASA1-AA3,2,9 9 Section 997jb. 70.32 (1b) of the statutes is created to read:
AB64-ASA1-AA3,2,1210 70.32 (1b) (a) To determine the value of property using generally accepted
11appraisal methods, the assessor shall consider all of the following as comparable to
12the property being assessed:
AB64-ASA1-AA3,2,1413 1. Sales or rentals of properties exhibiting the same or a similar highest and
14best use with placement in the same real estate market segment.
AB64-ASA1-AA3,2,1915 2. Sales or rentals of properties that are similar to the property being assessed
16with regard to age, condition, use, type of construction, location, design, physical
17features, and economic characteristics, including similarities in occupancy and the
18the potential to generate rental income. For purposes of this subdivision, such
19properties may be found locally, regionally, or nationally.
AB64-ASA1-AA3,2,2120 (b) For purposes of par. (a), a property is not comparable if any of the following
21applies:
AB64-ASA1-AA3,3,222 1. At or before the time of sale, the seller places any deed restriction on the
23property that changes the highest and best use of the property, or prohibits

1competition, so that it no longer qualifies as a comparable property under par. (a) 1.
2or 2. and the property being assessed lacks such a restriction.
AB64-ASA1-AA3,3,73 2. The property is dark property and the property being assessed is not dark
4property. In this subdivision, “dark property” means property that is vacant or
5unoccupied beyond the normal period for property in the same real estate market
6segment. For purposes of this subdivision, what is considered vacant or unoccupied
7beyond the normal period may vary depending on the property location.
AB64-ASA1-AA3,3,158 (c) For purposes of par. (a), “highest and best use" means the specific use of the
9property as of the current assessment date or a higher use to which the property can
10be expected to be put in before the next assessment date, if the use is legally
11permissible, physically possible, not speculative, and financially feasible and
12provides the highest net return. When the current use of a property is the highest
13and best use of that property, value in the current use equals full market value. In
14this paragraph, “legally permissible” does not include a conditional use that has not
15been granted as of the assessment date.
AB64-ASA1-AA3,3,2116 (d) For purposes of par. (a), “real estate market segment” means a pool of
17potential buyers and sellers that typically buy or sell properties similar to the
18property being assessed, including potential buyers who are investors or
19owner-occupants. For purposes of this paragraph, and depending on the type of
20property being assessed, the pool of potential buyers and sellers may be found locally,
21regionally, nationally, or internationally.”.
AB64-ASA1-AA3,3,22 229. Page 738, line 8: after that line insert:
AB64-ASA1-AA3,3,23 23 Section 1410. 108.08 (1) of the statutes is amended to read:
AB64-ASA1-AA3,4,5
1108.08 (1) To receive benefits for any given week of unemployment, a claimant
2shall give notice to the department with respect to such week of unemployment
3within such time and in such manner as the department may by rule prescribe,
4except that the department shall permit such notice to be given to the department
5via telephone
.
AB64-ASA1-AA3,1415 6Section 1415. 108.09 (1) of the statutes is amended to read:
AB64-ASA1-AA3,4,137 108.09 (1) Filing. Claims for benefits shall be filed pursuant to department
8rules, except that the department shall permit claims for benefits to be filed via
9telephone
. Each employer that is notified of a benefit claim shall promptly inform
10the department in writing as to any eligibility question in objection to such claim
11together with the reasons for the objection. The department may also obtain
12information from the employee concerning the employee's eligibility, employment or
13wages.”.
AB64-ASA1-AA3,4,14 1410. Page 740, line 24: after that line insert:
AB64-ASA1-AA3,4,15 15 Section 1454c. 111.39 (4) (d) of the statutes is amended to read:
AB64-ASA1-AA3,5,516 111.39 (4) (d) The department shall serve a certified copy of the findings and
17order on the respondent, the order to have the same force as other orders of the
18department and be enforced as provided in s. 103.005. The department shall also
19serve a certified copy of the findings and order on the complainant, together with a
20notice advising the complainant about the right to seek, and the time for seeking,
21review by the commission under sub. (5); about the right to bring, and the time for
22bringing, an action for judicial review under s. 111.395; and about the right to bring,
23and the time for bringing, an action under s. 111.397 (1) (a).
Any person aggrieved
24by noncompliance with the order may have the order enforced specifically by suit in

1equity. If the examiner finds that the respondent has not engaged in discrimination,
2unfair honesty testing, or unfair genetic testing as alleged in the complaint, the
3department shall serve a certified copy of the examiner's findings served on the
4complainant, together with shall be accompanied by an order dismissing the
5complaint.
AB64-ASA1-AA3,1454d 6Section 1454d. 111.39 (5) (b) of the statutes is amended to read:
AB64-ASA1-AA3,5,177 111.39 (5) (b) If no petition is filed the respondent or complainant does not file
8a petition under par. (a)
within 21 days from the date that a copy of the findings and
9order of the examiner is mailed to the last-known address of the respondent served
10on that party,
the findings and order shall be considered final for purposes of
11enforcement under sub. (4) (d). If a timely petition is filed, the commission, on review,
12may either affirm, reverse, or modify the findings or order in whole or in part, or set
13aside the findings and order and remand to the department for further proceedings.
14Such actions shall be based on a review of the evidence submitted. If the commission
15is satisfied that a respondent or complainant has been prejudiced because of
16exceptional delay in the receipt of a copy of any findings and order , it the commission
17may extend the time another 21 days for filing the petition with the department.
AB64-ASA1-AA3,1454e 18Section 1454e. 111.39 (5) (d) of the statutes is created to read:
AB64-ASA1-AA3,5,2419 111.39 (5) (d) The commission shall serve a certified copy of the commission's
20decision on the respondent. The commission shall also serve a certified copy of the
21commission's decision on the complainant, together with a notice advising the
22complainant about the right to bring, and the time for bringing, an action for judicial
23review under s. 111.395 and about the right to bring, and the time for bringing, an
24action under s. 111.397 (1) (a).
AB64-ASA1-AA3,1454f 25Section 1454f. 111.397 of the statutes is created to read:
AB64-ASA1-AA3,6,12
1111.397 Civil action. (1) (a) Except as provided in this paragraph, the
2department or a person alleged or found to have been discriminated against or
3subjected to unfair honesty testing or unfair genetic testing may bring an action in
4circuit court requesting the relief described in sub. (2) (a) against any employer, labor
5organization, or employment agency that is alleged or found to have engaged in that
6discrimination, unfair honesty testing, or unfair genetic testing. The department or
7a person alleged or found to have been discriminated against or subjected to unfair
8honesty testing or unfair genetic testing may not bring an action under this
9paragraph against any local governmental unit, as defined in s. 19.42 (7u), or against
10any employer, labor organization, or employment agency employing fewer than 15
11individuals for each working day in each of 20 or more calendar weeks in the current
12or preceding year.
AB64-ASA1-AA3,6,1613 (b) If a petition for judicial review of the findings and order of the commission
14concerning the same violation as the violation giving rise to the action under par. (a)
15is filed, the circuit court shall consolidate the proceeding for judicial review and the
16action under par. (a).
AB64-ASA1-AA3,6,2017 (c) A person alleged or found to have been discriminated against or subjected
18to unfair honesty testing or unfair genetic testing is not required to file a complaint
19under s. 111.39 or seek review under s. 111.395 in order for the department or the
20person to bring an action under par. (a).
AB64-ASA1-AA3,7,11 21(2) (a) Subject to pars. (b) and (c), in an action under sub. (1) (a), if the circuit
22court finds that discrimination, unfair honesty testing, or unfair genetic testing has
23occurred, or if such a finding has been made by an examiner or the commission and
24not been further appealed, the circuit court may order any relief that an examiner
25would be empowered to order under s. 111.39 (4) (c) after a hearing on a complaint

1filed under s. 111.39. In addition, the circuit court shall order the defendant to pay
2to the person discriminated against or subjected to unfair honesty testing or unfair
3genetic testing any other compensatory damages, and punitive damages under s.
4895.043 that the circuit court or jury finds appropriate, plus reasonable costs and
5attorney fees incurred in the action. If any relief was ordered under s. 111.39 or
6111.395, the circuit court shall specify whether the relief ordered under this
7paragraph is in addition to or replaces the relief ordered under s. 111.39 or 111.395.
8The sum of the amount of compensatory damages for future economic losses and for
9pain and suffering, emotional distress, mental anguish, loss of enjoyment of life, and
10other noneconomic losses and the amount of punitive damages that a circuit court
11may order may not exceed the following:
AB64-ASA1-AA3,7,1412 1. In the case of a defendant that employs 100 or fewer employees for each
13working day in each of 20 or more calendar weeks in the current or preceding year,
14$50,000.
AB64-ASA1-AA3,7,1715 2. In the case of a defendant that employs more than 100 but fewer than 201
16employees for each working day in each of 20 or more calendar weeks in the current
17or preceding year, $100,000.
AB64-ASA1-AA3,7,2018 3. In the case of a defendant that employs more than 200 but fewer than 501
19employees for each working day in each of 20 or more calendar weeks in the current
20or preceding year, $200,000.
AB64-ASA1-AA3,7,2321 4. In the case of a defendant that employs more than 500 employees for each
22working day in each of 20 or more calendar weeks in the current or preceding year,
23$300,000.
AB64-ASA1-AA3,8,3
1(b) If the circuit court orders any payment under par. (a) because of a violation
2of s. 111.321, 111.37, or 111.372 by an individual employed by an employer, the
3employer of that individual is liable for the payment.
AB64-ASA1-AA3,8,64 (c) 1. In this paragraph, “consumer price index" means the average of the
5consumer price index for all urban consumers, U.S. city average, as determined by
6the bureau of labor statistics of the federal department of labor.
AB64-ASA1-AA3,8,197 2. Except as provided in this subdivision, beginning on July 1, 2019, and on
8each July 1 after that, the department shall adjust the amounts specified in par. (a)
91., 2., 3., and 4. by calculating the percentage difference between the consumer price
10index for the 12-month period ending on December 31 of the preceding year and the
11consumer price index for the 12-month period ending on December 31 of the year
12before the preceding year and adjusting those amounts by that percentage
13difference. The department shall publish the adjusted amounts calculated under
14this subdivision in the Wisconsin Administrative Register, and the adjusted amounts
15shall apply to actions commenced under sub. (1) (a) beginning on July 1 of the year
16of publication. This subdivision does not apply if the consumer price index for the
1712-month period ending on December 31 of the preceding year did not increase over
18the consumer price index for the 12-month period ending on December 31 of the year
19before the preceding year.”.
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